(navigation image)
Home American Libraries | Canadian Libraries | Universal Library | Community Texts | Project Gutenberg | Biodiversity Heritage Library | Children's Library | Advanced Microdevices Manuals | Linear Circuits Manuals | Supertex Manuals | Sundry Manuals | Echelon Manuals | RCA Manuals | National Semiconductor Manuals | Hewlett Packard Manuals | Signetics Manuals | Fluke Manuals | Datel Manuals | Intersil Manuals | Zilog Manuals | Maxim Manuals | Dallas Semiconductor Manuals | Temperature Manuals | SGS Manuals | Quantum Electronics Manuals | STDBus Manuals | Texas Instruments Manuals | IBM Microsoft Manuals | Grammar Analysis | Harris Manuals | Arrow Manuals | Monolithic Memories Manuals | Intel Manuals | Fault Tolerance Manuals | Johns Hopkins University Commencement | PHOIBLE Online | International Rectifier Manuals | Rectifiers scrs Triacs Manuals | Standard Microsystems Manuals | Additional Collections | Control PID Fuzzy Logic Manuals | Densitron Manuals | Philips Manuals | The Andhra Pradesh Legislative Assembly Debates | Linear Technologies Manuals | Cermetek Manuals | Miscellaneous Manuals | Hitachi Manuals | The Video Box | Communication Manuals | Scenix Manuals | Motorola Manuals | Agilent Manuals
Search: Advanced Search
Anonymous User (login or join us)
Upload
See other formats

Full text of "North Carolina Register v.4 no. 10 (8/15/1989)"

3l 



^ECFivp D 
AUG 17 1989 
|*AW L»8RA*Y 



The 
NORTH CAROLINA 

REGISTER 



IN THIS ISSUE 



EXECUTIVE ORDER 



FINAL DECISION LETTER 



STATEMENTS OF ORGANIZATION 



Si 



TITU 
ITIOMi 



PROPOSED RULES 

Agriculture 

Crime Control and Public Safety 

Cultural Resources 

Human Resources 

Insurance 

Justice 

NRCD 

ISSUE DATE: AUGUST 1 5, 1 989 

Volume 4 • Issue 10 • Pages 522-584 



INFORMATION ABOUT THE NORTH CAROLINA REGISTER AND ADMINISTRATIVE CODE 



NORTH CAROLINA REGISTER 

The Xorth Carolina Register is published bi-monthly 
and contains information relating to agency, executive, 
legislative and judicial actions required by or affecting 
Chapter 150B of the General Statutes. All proposed, ad- 
ministrative rules and amendments filed under Chapter 
150B must be published in the Register. The Register 
will typically comprise approximately fifty pages per 
issue of legal text. 

State law requires that a copy of each issue be pro- 
vided free of charge to each county in the state and to 
various state officials and institutions. The North Carolina 
Register is available by yearly subscription at a cost of 
one hundred and five dollars ($105.00) for 24 issues. 

Requests for subscriptions to the North Carolina 
Register should be directed to the Office of Ad- 
ministrative Hearings, P. 0. Drawer 1 1666, Raleigh, N. 
C. 27604, Attn: Subscriptions. 

ADOPTION, AMENDMENT, AND REPEAL OF 
RULES 

An agency intending to adopt, amend, or repeal a rule 
must first publish notice of the proposed action in the 
North Carolina Register. The notice must include the 
time and place of the public hearing; a statement of how 
public comments may be submitted to the agency either 
at the hearing or otherwise; the text of the proposed 
rule or amendment; a reference to the Statutory 
Authority for the action and the proposed effective date. 

The Director of the Office of Administrative Hearings 
has authority to publish a summary, rather than the 
full text, of any amendment which is considered to be 
too lengthy. In such case, the full text of the rule con- 
taining the proposed amendment will be available for 
public inspection at the Rules Division of the Office of 
Administrative Hearings and at the office of the pro- 
mulgating agency. 

Unless a specific statute provides otherwise, at least 
30 days must elapse following publication of the pro- 
posal in the North Carolina Register before the agency 
may conduct the required public hearing and take ac- 
tion on the proposed adoption, amendment or repeal. 

When final action is taken, the promulgating agency 
must file any adopted or amended rule for approval by 
the Administrative Rules Review Commission. Upon ap- 
proval of ARRC, the adopted or amended rule must be 
filed with the Office of Administrative Hearings. If it 
differs substantially from the proposed form published 
as part of the public notice, upon request by the agen- 
cy, the adopted version will again be published in the 
North Carolina Register. 

A rule, or amended rule cannot become effective 
earlier than the first day of the second calendar month 
after the adoption is filed with the Office of Ad- 
ministrative Hearings for publication in the NCAC. 

Proposed action on rules may be withdrawn bv the 
promulgating agency at any time before final action is 
taken by the agency. 

TEMPORARY RULES 

Under certain conditions of an emergency nature, 
some agencies may issue temporary rules. A temporary 
rule becomes effective when adopted and remains in 



effect for the period specified in the rule or 180 dav 
whichever is less. An agency adopting a temporary ru 
must begin normal rule-making procedures on the pe 
manent rule at the same time the temporary rule 
adopted. 

NORTH CAROLINA ADMINISTRATIVE CODE 

The North Carolina Administrative Code (NCAC) 
a compilation and index of the administrative rules 
25 state agencies and 38 occupational licensing board 
The NCAC comprises approximately 1 5,000 letter siz 
single spaced pages of material of which approximat 
ly 35% is changed annuallv. Compilation and public 
tion of the NCAC is mandated by G.S. 150B-63(b) 

The Code is divided into Titles and Chapters. Eac 
state agency is assigned a separate title which is fu 
ther broken down by chapters. Title 21 is designate 
for occupational licensing boards. 

The NCAC is available in two formats. 

(1) Single pages may be obtained at a minimu 
cost of two dollars and 50 cents ($2.50) for 
pages or less, plus fifteen cents (SO. 15) per ea 
additional page. 

(2) The full publication consists of 52 volume 
totaling in excess of 15,000 pages. It is su 
plemented monthly with replacement pages 
one year subscription to the full publication i 
eluding supplements can be purchased f 
seven hundred and fifty dollars ($750.00). I 
dividual volumes may also be purchased wi 
supplement service. Renewal subscriptions f 
supplements to the initial publication availab 

Requests for pages of rules or volumes of the NCI 
should be directed to the Office of Administrati 
Hearings. 

NOTE 

The foregoing is a generalized statement of the pi 
cedures to be followed. For specific statutory languas 
it is suggested that Articles 2 and 5 of Chapter 150B 
the General Statutes be examined carefullv. 



CITATION TO THE NORTH CAROLINA 
REGISTER 

The North Carolina Register is cited by volume, issi 
page number and date. 1:1 NCR 101-201, April 1, 19 

refers to Volume 1, Issue 1, pages 101 through 201 
the North Carolina Register issued on April 1, 198( 



North Carolina Register. Published bi-monthly by 
the Office of Administrative Hearings, P.O. Drawer 
11666, Raleigh, North Carolina 27604, pursuant to 
Chapter 150B of the General Statutes. Subscriptions 
one hundred and five dollars (SI 05.00) per year. 
North Carolina Administrative Code. Published 
in looseleaf notebooks with supplement service by 
the Office of Administrative Hearings, P.O. 
Drawer 1 1666. Raleigh, North Carolina 27604, pur- 
suant to Chapter 150B of the General Satutes. 
Subscriptions seven hundred and fifty dollars 
(S750.00). Individual volumes available. 



ISSUE CONTENTS 



NORTH 
CAROLINA 
REGISTER 




Office of Administrative Hearings 
P. O. Drawer 11666 
Raleigh, NC 27604 

(919) 733 - 2678 



James R. Scarcella St., 

Deputy Director 
Molly Masich, 

Director APA Services 



Staff: 

Ruby Creech, 

Publications Coordinator 
Teresa Kilpatrick, 

Editorial Assistant 
Jean Shirley, 

Editorial Assistant 



I. EXECUTIVE ORDER 

Executive Order 94 522 

II. FFNAL DECISION LETTER 

Voting Rights Act 523 

III. STATEMENTS OF 

ORGANIZATION 524 



IV. PROPOSED RULES 
Agriculture 

Markets 546 

Crime Control and 
Public Safety 

Victim and Justice Services 573 

Cultural Resources 

U.S.S. North Carolina 

Battleship Commission 548 

Human Resources 
Governor's Waste 

Management Board 552 

Medical Assistance 549 

Social Services 550 

Water Treatment Facility 
Operators Board of 

Certification 549 

Insurance 

Agent Services Division 561 

Justice 
Criminal Justice Education and 
Training Standards 

Commission 569 

NRCD 

Coastal Management 574 

Wildlife Resources 
Commission 574 

V. CUMULATIVE FNDEX 582 



NORTH CAROLINA REGISTER 

Publication Deadlines and Schedules 

(January 1989 - May 1990) 



Issue 


Last Day 


Last Day 


Earliest 


* 


Date 


for 


for 


Date for 


Earliest 




Tiling 


Electronic 


Public 


Effective 






Filing 


Hearing & 
Adoption by 
Agency 


Date 


*+***+++ 


++****+* 


**+++*++ 


*+**+♦+* 


**+*+++< 


01/02/89 


12/08/88 


12/15/88 


02/01/89 


05/01/89 


01/16/89 


12/27/88 


01/03/89 


02/15/89 


05/01/89 


02/01/89 


01/10/89 


01/17/89 


03/03/89 


06/01/89 


02/15/89 


01/26/89 


02/02/89 


03/17/89 


06/01/89 


03/01/89 


02/08/89 


02/15/89 


03/31/89 


07/01/89 


03/15/89 


02/21/89 


03/02/89 


04/14/89 


07/01/89 


04/03/89 


03/10/89 


03/17/89 


05/03/89 


08/01/89 


04/14/89 


03/23/89 


03/31/89 


05/14/89 


08/01/89 


05/01/89 


04/10/89 


04/17/89 


05/31/89 


09/01/89 


05/15/89 


04/24/89 


05/01/89 


06/14/89 


09/01/89 


06/01/89 


05/10/89 


05/17/89 


07/01/89 


10/01/89 


06/15/89 


05/24/89 


06/01/89 


07/15/89 


10/01/89 


07/03/89 


06/12/89 


06/19/89 


08/01/89 


11/01/89 


07/14/89 


06/22/89 


06/29/89 


08/13/89 


11/01/89 


08/01/89 


07/11/89 


07/18/89 


08/31/89 


12/01/89 


08/15/89 


07/25/89 


08/01/89 


09/14/89 


12/01/89 


09/01/89 


08/11/89 


08/18/89 


10/01/89 


01/01/90 


09/15/89 


08/24/89 


08/31/89 


10/15/89 


01/01/90 


10/02/89 


09/11/89 


09/18/89 


11/01/89 


02/01/90 


10/16/89 


09/25/89 


10/02/89 


11/15/89 


02/01/90 


11/01/89 


10/11/89 


10/18/89 


12/01/89 


03/01/90 


11/15/89 


10/24/89 


10/31/89 


12/15/89 


03/01/90 


12/01/89 


11/07/89 


11/15/89 


12/31/89 


04/01/90 


12/15/89 


11/22/89 


12/01/89 


01/14/90 


04/01/90 


01/02/90 


12/07/89 


12/14/89 


02/01/90 


05/01/90 


01/16/90 


12/20/89 


12/29/89 


02/15/90 


05/01/90 


02/01/90 


01/10/90 


01/18/90 


03/03/90 


06/01/90 


02/15/90 


01/25/90 


02/01/90 


03/17/90 


06/01/90 


03/01/90 


02/08/90 


02/15/90 


03/31/90 


07/01/90 


03/15/90 


02/22/90 


03/01/90 


04/14/90 


07/01/90 


04/02/90 


03/12/90 


03/19/90 


05/02/90 


08/01/90 


04/16/90 


03/23/90 


03/30/90 


05/16/90 


08/01/90 


05/01/90 


04/09/90 


04/17/90 


05/31/90 


09/01/90 


05/15/90 


04/24/90 


05/01/90 


06/14/90 


09/01/90 



* The "Earliest Effective Date" is computed assuming that the public hearing 
and adoption occur in the calendar month immediately following the "Issue 
Dale", that the agency fdes the rule with The Administrative Rules Review 
Commission by the 20th of the same calendar month and that ARRC approves 
the rule at the next calendar month meeting. 



EXECUTIVE ORDER 



EXECUTIVE ORDER NUMBER 94 

REISSUANCE OF EXECUTIVE ORDER 

NUMBER 15 AND EXTENSION OF EXECUTIVE 

ORDER NUMBER 71 

By the authority vested in me as Governor by 
the Constitution and laws of the State of North 
Carolina, it is ORDERED: 

Executive Order Number 15 as amended by 
Executive Order Number 59 established the Ju- 



venile Justice Planning Commission. Those or- 
ders are hereby reissued effective July 1, 1989. 
They shall remain in effect until June 30, 1993. 

Executive Order Number 71 established the 
Governor's Task Force on Rail Passenger ser- 
vices. The expiration date of that Order is hereby 
extended until December 30, 1991. 

Done in Raleigh, North Carolina this 14th day 
of July 1989. 



NORTH CAROLINA REGISTER 



522 



VOTING RIGHTS ACT FINAL DECISION LETTER 



[G.S. J20-30.9H, effective July 16, 1986, requires that all letters and other documents issued by the 
Attorney General of the United Stales in which a final decision is made concerning a "change af- 
fecting voting" under Section 5 of the Voting Rights Act of J 965 be published in the North Carolina 
Register. / 



JPT:MAP:ST:gmh 
DJ 166-012-3 
Y6655 
Y7515 



July 24, 1989 



U.S. Department of Justice 
Civil Rights Division 



Voting Section 
P.O. Box 66128 
Washington, D.C. 20035-6128 



David A. Holec, Esq. 
City Attorney 
P.O. Box 1388 
Lumberton, North Carolina 

Dear Mr. Holec: 



28359-1388 



This refers to two annexations (adopted May 1, 1989) to the City of Lumberton in Robeson 
County, North Carolina, submitted to the Attorney General pursuant to Section 5 of the Voting Rights 
Act of 1965, as amended, 42 L'.S.C. 1973c. We received your submissions on May 24 and June 9, 1989. 

The Attorney General does not interpose any objections to the changes in question. However, 
we feel a responsibility to point out that Section 5 of the Voting Rights Act expressly provides that the 
failure of the Attorney General to object does not bar any subsequent judicial action to enjoin the en- 
forcement of such changes. In addition, as authorized by Section 5, the Attorney General reserves the 
right to reexamine this submission if additional information that would otherwise require an objection 
comes to his attention during the remainder of the sixty-day review period. See the Procedures for the 
Administration of Section 5 (28 C.F.R. 51.41 and 51.43). 



Sincerely, 



James P. Turner 

Acting Assistant Attorney General 

Civil Rights Division 



By: 



Barry H. Weinberg 
Acting Chief, Voting Section 



523 



NORTH CAROLINA REGISTER 



STA TEMENTS OF ORGANIZA TION 



[The following Statements of Organization were submitted to the Director of the Office of Admin- 
istrative Hearings for publication pursuant to G.S. I SOB- 10 and 26 NCAC 2B .0/02. J 



NORTH CAROLINA DEPARTMENT OF 
AGRICULTURE 

The North Carolina Department of Agriculture 
is a statutorily created agency G.S. 106-2, within 
the executive branch of the state government. 
The Commissioner of Agriculture, a statewide 
elected official as provided for in Article III, Sec- 
tion 7(1) of the North Carolina Constitution, is 
the head of the Department of Agriculture and 
is a member of the Council of State. The De- 
partment of Agriculture is organized into thirteen 
divisions. A number of boards and commis- 
sions are administratively located in the Depart- 
ment. 

A. Departmental Divisions: 

1) Agricultural Statistics 

The Agricultural Statistics Division is responsi- 
ble for collecting, preparing, and disseminating 
regular series of official crop, livestock and price 
estimates along with other statistics relative to 
agriculture in North Carolina and the nation. 

Mailing Address: 

Agricultural Statistics Division 

N. C. Department of Agriculture 

P. O. Box 27647 

Raleigh, NC 27611 

Telephone: (919) 733-7293 



2) Agronomic Services 

The Agronomic Services Division performs la- 
boratory analysis of soil and plant samples for 
farmers and homeowners. Tests determine the 
fertility of soil and the nutrient quantity and bal- 
ance of plants through tissue analysis. Nema- 
todes are quantified from soil and plant root 
samples and diseases are diagnosed. Fertilizer 
application and nematode management rec- 
ommendations are made based on test results. 
Growers are assisted in the field with problem 
diagnosis and optimum crop production strate- 
gies by Regional Agronomists. 

Mailing Address: 

Agronomic Services Division 

N. C. Department of Agriculture 



Blue Ridge Road Center 

Raleigh, NC 27611 

Telephone: (919) 733-2657 



3) Food Distribution 

The Food Distribution Division operates in 
cooperation with the US DA to provide food at 
no cost for distribution to schools of high school 
grade or under, charitable institutions and needy 
persons. It is the responsibility of this division 
to requisition, store, and deliver the food. 

Mailing Address: 

Food Distribution Division 

N. C. Department of Agriculture 

P. O. Box 27647 

Raleigh, NC 27611 

Telephone: (919) 733-7661 



4) Food and Drug Protection 

The Food and Drug Protection Division assures 
consumers that foods, feeds, drugs, cosmetics, 
pesticides, and automotive antifreezers are safe, 
wholesome and properly labeled. Statewide in- 
spections and chemical analyses offer protection 
against unsafe, deceptive and fraudulent pro- 
ducts. Annual registration of pesticides offered 
for sale within North Carolina and pesticide ap- 
plicator licensing and certification is administered 
by the Pesticide Section. 

Mailing Address: 

Food and Drug Protection Division 

N. C. Department of Agriculture 

4000 Reedy Creek Road 

Raleigh, NC 27607 

Telephone: (919) 733-7366 



Mailing Address: 

Pesticide Section 

N. C. Department of Agriculture 

P. O. Box 27647 

Raleigh, NC 27611 

Telephone: (919) 733-3556 



5) Marketing 



NORTH CAROLINA REGISTER 



524 



ST A TEMENTS OF ORGANIZA TION 



The Marketing Division promotes the sale of 
North Carolina agricultural products, reports 
farm prices on major commodities and deter- 
mines and certifies the official grade of farm pro- 
ducts. The Marketing Division also organizes 
special livestock sales, arranges buyer-seller con- 
tacts, provides marketing advice and assistance to 
producers, processors and handlers and adminis- 
ters the N. C. Egg Law and the Farm Products 
marketing and branding law. Regional Farmers 
Markets in Raleigh, Charlotte and Asheville are 
also operated by the Marketing Division. 

Mailing Address: 

Marketing Division 

N. C. Department of Agriculture 

P. 0. Box 27647 

Raleigh, NC 27611 

Telephone: (919) 733-7887 



6) Museum of Natural Sciences 

The Museum of Natural Sciences Division 
maintains collections and disseminates know- 
ledge concerning the natural history (flora, fauna, 
minerals, fossils and ecology) of North Carolina 
through (1) temporary and permanent exhibits; 
(2) systematic collections and data files in the 
charge of taxonomic specialists trained to solve 
problems of identification and classification; (3) 
ecological and other field studies of southeastern 
biota; (4) educational services including teacher 
education programs, vocational training, curric- 
ulum and program development, classes, lectures 
and preparation of popular and educational ma- 
terials on natural history topics; (5) publication 
of natural history books, papers, articles, pam- 
phlets, and similar materials; and (6) operation 
of the N. C. Maritime Museum. 

Mailing Address: 

Museum of Natural Sciences Division 

N. C. Department of Agriculture 

P. O. Box 27647 

Raleigh, NC 27611 

Telephone: (919) 733-7450 



The North Carolina State Fair Division is re- 
sponsible for the annual North Carolina State 
Fair in October. During non-Fair time, the 
North Carolina State Fair rents various Fair Fa- 
cilities to the general public for special events. 

Mailing Address: 

North Carolina State Fair Division 

N. C. Department of Agriculture 

1025 Blue Ridge Blvd. 

Raleigh, NC 27607 

Telephone: (919) 733-2145 



8) Plant Industry 

The Plant Industry Division performs fertilizer 
and seed examinations to check for accuracy in 
labeling and product quality. The Division also 
administers plant pest laws and the Plant Pro- 
tection and Conservation Act. 

Mailing Address: 

Plant Industry Division 

N. C. Department of Agriculture 

P. O. Box 27647 

Raleigh, NC 27611 

Telephone: (919) 733-3930 



9) Public Affairs 

The Public Affairs Division is responsible for 
disseminating pertinent information to the public 
through news releases and other media contacts. 
The division is also responsible for publishing 
"Agriculture Review." Media questions may be 
directed to the Division, and they will be chan- 
neled to the proper individual if further expertise 
is required. 

Mailing Address: 

Public Affairs Division 

N. C. Department of Agriculture 

P. O. Box 27647 

Raleigh, NC 27611 

Telephone: (919) 733-4216 



Mailing Address: 

N. C. Maritime Museum 

N. C. Department of Agriculture 

315 Front St. 

Beaufort, NC 28516 

Telephone: (919) 728-7317 



7) North Carolina State Fair 



10) Research Stations 

Fifteen research stations and four state farms 
comprise the Research Stations Division of the 
Department of Agriculture. The research sta- 
tions cooperate with scientists at the land-grant 
universities to develop new agronomic products 
and trends, working in conventional crops but 



525 



NORTH CAROLINA REGISTER 



STA TEMENTS OF ORGANIZA TION 



also working in crops new to the State. Research 
is also conducted on the state farms, whose pri- 
mary purpose is to produce food for state insti- 
tutions. 

Mailing Address: 

Research Stations Division 

N. C. Department of Agriculture 

P. O. Box 27647 

Raleigh, NC 27611 

Telephone: (919) 733-3236 



11) Standards 

The Standards Division administers the weights 
and measures program which includes the verifi- 
cation of the accuracy of commercial weighing 
and measuring devices and the inspection of 
packaged items for compliance with net contents 
statements. The Division also tests petroleum 
products and inspects LP Gas installations. 

Mailing Address: 

Standards Division 

N. C. Department of Agriculture 

P. O. Box 27647 

Raleigh, NC 27611 

Telephone: (919) 733-3313 



12) Structural Pest Control 

The Structural Pest Control Division is respon- 
sible for licensing commercial pest control oper- 
ators within North Carolina. It is also the 
responsibility of the Division to inspect the 
quality of work performed by licensed operators, 
and to enforce pesticide safety requirements. 

Mailing Address: 

Structural Pest Control Division 

N. C. Department of Agriculture 

P. O. Box 27647 

Raleigh, NC 27611 

Telephone: (919) 733-6100 



13) Veterinary 

The Veterinary Division monitors all animal 
disease outbreaks and administers animal health 
programs in North Carolina. The Division also 
provides veterinary diagnostic services and ani- 
mal health inspections. All processing and 
slaughter facilities in the State are inspected by 
the Division to insure cleanliness of the operation 
and wholesomeness of the finished product. The 



Division also regulates dog and cat dealers under 
the Animal Welfare Act. 

Mailing Address: 

Veterinary Division 

N. C. Department of Agriculture 

P. O. Box 27647 

Raleigh, NC 27611 

Telephone: (919) 733-7601 



Mailing Address: 

Rollins Diagnostic Laboratory 

2101 Blue Ridge Road 

P. O. Box 12223, 

Cameron Village Station 

Raleigh, NC 27605 

Telephone: (919) 733-3986 



B. Boards and Commissions 

1) North Carolina Agricultural Hall of Fame 
Board of Directors 

The North Carolina Agricultural Hall of Fame 
Board of Directors was created by G.S. 
106-568.14. The eight-member Board of Direc- 
tors is composed of the Commissioner of Agri- 
culture, the Director of the North Carolina 
Extension Service, the State Supervisor of Voca- 
tional Agriculture, the President of the North 
Carolina Farm Bureau, and the Master of the 
State Grange, as ex officio members, and three 
members appointed by the Governor. 

The Board of Directors is authorized to adopt 
rules and regulations which govern the accept- 
ance and admission of candidates to the North 
Carolina Agricultural Hall of Fame Rules pro- 
mulgated by the Board are codified in 2 NCAC 
31. 

Mailing Address: 

Public Affairs Division 

N. C. Department of Agriculture 

P. O. Box 27647 

Raleigh, NC 27611 

Telephone: (919) 733-4216 



2) Board of Agriculture 

The Board of Agriculture was created by G.S. 
106-2. The eleven-member Board of Agriculture 
is composed of the Commissioner of Agriculture, 
an ex officio member who serves as the Board's 



NORTH CAROLINA REGISTER 



526 



ST A TEMENTS OF ORGANIZA TION 



Chairman, and ten members appointed by the 
Governor. 

The Board of Agriculture is a policymaking 
body with respect to the improvement of agri- 
culture and a rulemaking body with respect to all 
programs administered by the Department of 
Agriculture, exclusive of Pesticides, Plant Con- 
servation, Gasoline and Oil Inspection and 
Structural Pest Control promulgated by the 
Board are codified in 2 NCAC. 

Mailing Address: 

Secretary, Board of Agriculture 

N. C. Department of Agriculture 

P. O. Box 27647 

Raleigh, NC 27611 

Telephone: (919) 733-7125 



3) Board of Crop Seed Improvement 

The Board of Crop Seed Improvement was 
created by G.S. 106-269. The Board promotes 
the development and distribution of pure strains 
of crop seed to North Carolina farmers. The 
Board is authorized to adopt rules and regu- 
lations which relate to the certification of pure 
crop seeds. Rules promulgated by the Board are 
codified in 2 NCAC 29. 

Mailing Address: 

Board of Crop Seed Improvement 

N. C. Department of Agriculture 

P. O. Box 27647 

Raleigh, NC 27611 

Telephone: (919) 733-3930 



is composed of the Commissioner of Agriculture, 
the Director of the Standards Division and three 
members appointed by the Governor. The 
Board is authorized to adopt rules and regu- 
lations which govern the quality, labeling, trans- 
portation and inspection of liquid motor fuels, 
kerosene and other heating oils. Rules promul- 
gated by the Board are codified in 2 NCAC 42. 

Mailing Address: 

Standards Division 

N. C. Department of Agriculture 

P. O. Box 27647 

Raleigh, NC 27611 

Telephone: (919) 733-3313 



6) North Carolina Public Livestock Market 
Advisory Board 

The North Carolina Public Livestock Market 
Advisory Board was created by G.S. 106-407.1. 
The eight -member Board serves in an advisory 
capacity to the Commissioner of Agriculture and 
the Board of Agriculture on issues which relate 
to the livestock markets and proposes rule 
changes related to this area. The Board also is 
required to attend any hearing for a license to 
operate a public livestock market. 

Mailing Address: 

Veterinary Division 

N. C. Department of Agriculture 

P. O. Box 27647 

Raleigh, NC 27611 

Telephone: (919) 733-7601 



4) State Larm Operations Commission 

The State Farm Operations Commission was 
created by G.S. 106-26.13. The seven-member 
Committee develops policies for the use and op- 
eration of the State Farm Units. 

Mailing Address: 

State Farm Operations Commission 

N. C. Department of Agriculture 

P. O. Box 27647 

Raleigh, NC 27611 

Telephone: (919) 733-3236 



5) Gasoline and Oil Inspection Board 



The Gasoline 
created by G.S. 



and Oil Inspection Board was 
1 19-26. The five-member Board 



7) Advisory Commission for the Museum of 
Natural Sciences 

The Advisory Commission for the Museum of 
Natural Sciences was created by G.S. 143-370. 
The nine-member Commission establishes poli- 
cies for the Museum and works to promote and 
develop the Museum and its resources. 

Mailing Address: 

Museum of Natural Sciences 

N. C. Department of Agriculture 

P. O. Box 27647 

Raleigh, NC 27611 

Telephone: (919) 733-7430 



8) Structural Pest Control Committee 



527 



NORTH CAROLINA REGISTER 



STA TEMENTS OF ORGANIZA TION 



The Structural Pest Control Committee was 
created by G.S. 106-65.23. The five-member 
Committee is authorized to adopt rules to regu- 
late Structural Pest Control activities. The 
Committee is an occupational licensing board for 
Structural Pest Control operators in North Ca- 
rolina. Rules promulgated by the Committee are 
codified in 2 NCAC 34. The Committee has the 
authority to assess civil penalties and to deny, 
revoke, suspend or modify the license, certified 
applicator's card or identification card of any 
person adjudged to have violated the Law or re- 
gulations. 

Mailing Address: 

Secretary, 

Structural Pest Control Committee 

N. C. Department of Agriculture 

P. O. Box 27647 

Raleigh, NC 27611 

Telephone: (919) 733-6100 



9) North Carolina Pesticide Board 

The Pesticide Board was created by G.S. 143- 
436. The seven-member Board is authorized to 
adopt rules and regulations which govern the 
non-structural application, sale, disposal, and re- 
gistration of pesticides and the licensing and cer- 
tification of pesticide applicators. The Board is 
an occupational licensing board with respect to 
commercial pesticide applicators and private 
pesticide applicators. 

Rules promulgated by the Board are codified in 
2 NCAC 9L. The Board has the authority to 
access civil penalties and to suspend, revoke, 
deny or modify the licenses of persons adjudged 
to have violated the Law or regulations. 

Mailing Address: 

Secretary, 

North Carolina Pesticide Board 

N. C. Department of Agriculture 

P. O. Box 27647 

Raleigh, NC 27611 

Telephone: (919) 733-3556 



10) Pesticide Advisory Committee 

The Pesticide Advisory Committee was created 
by G.S. 143-439. The nineteen-member Com- 
mittee is appointed by the Pesticide Board. The 
Committee serves in an advisory capacity to the 
Commissioner of Agriculture and the Pesticide 
Board on technical questions submitted to it and 



the development of rules and regulations which 
relate to pesticides. 

Mailing Address: 

Pesticide Advisory Committee 

N. C. Department of Agriculture 

P. O. Box 27647 

Raleigh, NC 27611 

Telephone: (919) 733-3556 



1 1) North Carolina Plant Conservation Board 

The North Carolina Plant Conservation Board 
was created by G.S. 106-202.14. Four members 
of the seven-member Board are appointed by the 
Governor and the remaining members are ap- 
pointed by the Commissioner of Agriculture. 
The Board is authorized to adopt rules and reg- 
ulations which classify plant species as either en- 
dangered, threatened or of special concern when 
necessary, and regulate the handling of classified 
plants. Rules promulgated by the Board are co- 
dified in 2 NCAC 10. 

Mailing Address: 

Plant Protection Section 

N. C. Department of Agriculture 

P. O. Box 27647 

Raleigh, NC 27611 

Telephone: (919) 733-6930 



12) North Carolina Plant Conservation Sci- 
entific Committee 

The North Carolina Plant Conservation Scien- 
tific Committee was created by G.S. 106-202.17. 
The ten-member Committee serves in an advi- 
sory capacity to the North Carolina Plant Con- 
servation Board on matters relating to plant 
species classified as either endangered, threatened 
or of special concern. 

Mailing Address: 

Plant Protection Section 

N. C. Department of Agriculture 

P. O. Box 27647 

Raleigh, NC 2761 1 

Telephone: (919) 733-6930 



13) North Carolina Agricultural Finance Au- 
thority 

The North Carolina Agricultural Finance Au- 
thority was created by G.S. 122D-4. The ten- 
member Finance Authority is empowered to 



NORTH CAROLINA REGISTER 



528 



STA TEMENTS OF ORGANIZA TION 



provide capital and credit at interest rates within 
the financial means of persons and businesses 
engaged in agriculture and agricultural exports. 

Mailing Address: 

Secretary', North Carolina 

Agricultural Finance Authority 

North Carolina Department of 

Agriculture 

Suite 406 

19 W. Hargett Street 

Raleigh, NC 27601 

Telephone: (919) 733-0635 



14) North Carolina Grape Growers Council 

The North Carolina Grape Growers Council 
was created by G.S. 106-750. The eleven-mem- 
ber Council is appointed by the Commissioner 
of Agriculture. The Council promotes the 
growth and development of North Carolina's 
grape and wine industry. 

Mailing Address: 

Secretary, North Carolina 

Grape Growers Council 

Markets Division 

North Carolina Department of 

Agriculture 

P. o7 Box 27647 

Raleigh, NC 27611 

Telephone: (919) 733-7136 



16) Northeastern North Carolina Farmers 
Market Commission 

The Northeastern North Carolina Farmers 
Market Commission was created by G.S. 106- 
720. The nine-member Commission is em- 
powered to establish a farmers market in 
northeastern North Carolina that will facilitate 
the sale and marketing of agricultural commod- 
ities produced in the area. The Commission also 
serves in an advisory capacity to the Commis- 
sioner of Agriculture on the operation of the 
market. 

Mailing Address: 

Chairman, Northeastern North 

Carolina Farmers Market Commission 

N. C. Department of Agriculture 

P. O. Box 27647 

Raleigh, NC 27611 

Telephone: (919) 733-7125 



17) Northeastern Farmers Market Advisory 
Board 

The Northeastern Farmers Market Advisory 
Board was created by G.S. 106-721. The Board 
consists of one member from each of the counties 
served by the Northeastern North Carolina 
Farmers Market, appointed by the Commis- 
sioner of Agriculture. The Board serves in an 
advisory capacity to the Northeastern North Ca- 
rolina Farmers Market Commission. 



15) Rural Rehabilitation Corporation Board 
of Directors 

The Rural Rehabilitation Corporation Board 
of Directors was created by G.S. 137-31.3. The 
nine-member Board acts as the governing body 
of the North Carolina Rural Rehabilitation Cor- 
poration which serves as a social and financial 
instrumentality in assisting to rehabilitate farm 
families by enabling them to secure subsistence 
and gainful employment from the soil. 

Mailing Address: 

Secretary, Rural Rehabilitation 

Corporation 

Fiscal Management Division 

North Carolina Department of 

Agriculture 

P. O. Box 27647 

Raleigh, NC 27611 

Telephone: (919) 733-2113 



Mailing Address: 
Secretary, Northeastern Farmers 

Market Advisory Board 

N. C. Department of Agriculture 

P. O. Box 27647 

Raleii^i, NC 27611 

Telephone: (919) 733-7125 



18) Southeastern North Carolina Farmers 
Market Commission 

The Southeastern North Carolina Farmers 
Market Commission was created by G.S. 106- 
727. The nine-member Commission is em- 
powered to establish a farmers market in 
southeastern North Carolina that will facilitate 
the sale and marketing of agricultural commod- 
ities produced in the area. The Commission also 
serves in an advisory' capacity to the Commis- 
sioner of Agriculture on the operation of the 
market. 



529 



NORTH CAROLINA REGISTER 



STA TEMENTS OF ORGANIZA TION 



Mailing Address: 

Chairman, Southeastern North Carolina 

Farmers Market Commission 

N. C. Department of Agriculture 

P. O. Box 27647 

Raleigh, NC 27611 

Telephone: (919) 733-7125 



19) Southeastern Farmers Market Advisory 
Board 

The Southeastern Farmers Market Advisory 
Board was created by G.S. 106-728. The Board 
consists of one member from each of the counties 
served by the Southeastern North Carolina 
Farmers Market, appointed by the Commis- 
sioner of Agriculture. The Board serves in an 
advisory capacity to the Southeastern North Ca- 
rolina Farmers Market Commission. 

Mailing Address: 
Secretary, Southeastern Farmers 

Market Advisory Board 

N. C. Department of Agriculture 

P. O. Box 27647 

Raleigh, NC 27611 

Telephone: (919) 733-7125 

NORTH CAROLINA DEPARTMENT OF 

NATURAL RESOURCES AND 

COMMUNITY DEVELOPMENT 

P.O. Box 27687 

512 N. Salisbury Street 

Raleigh, North Carolina 27611 

(919) 733-4984 

The North Carolina Department of Natural 
Resources and Community Development is a 
principal State department in the executive 
branch of North Carolina government authorized 
by Article III, Section II of the North Carolina 
Constitution. 

The Department has three primary duties: 

(1) To provide for the management and pro- 
tection of the State's natural resources and 
environment; 

(2) To promote and assist in the orderly de- 
velopment of North Carolina counties 
and communities; and 

(3) To provide job training and promote em- 
ployment for economically disadvantaged 
persons. 



The head of the Department is the Secretary 
who is appointed by the Governor and serves at 
the pleasure of the Governor. 

The Department is organized into twelve divi- 
sions as follows: 

1) coastal management; 

2) community assistance; 

3) economic opportunity; 

4) employment and training; 

5) environmental management; 

6) forest resources; 

7) land resources; 

8) marine fisheries; 

9) parks and recreation; 

(10) soil and water; 

(11) water resources; and 

(12) zoological park. 

The Wildlife Resources Commission and its 
staff are responsible to the Department for coor- 
dinating and reporting purposes. 

A detailed account of each division follows. 

DIVISION OF COASTAL MANAGEMENT 

P.O. Box 27687 

Raleigh, N.C. 27611-7687 

919/733-2293 

The Division is responsible for implementing a 
plan for the protection, preservation, orderly de- 
velopment and management of the coastal area 
of North Carolina. The Division provides staff 
support to the Coastal Resources Commission 
and Coastal Resources Advisory Council created 
by the Coastal Area Management Act (CAMA) 
of 1974 (G.S. 113A-100 et seq.). The Division 
processes major development permits; deter- 
mines consistency of state and federal grants and 
projects with the North Carolina Coastal Man- 
agement Program; prepares guidelines for a local 
land use planning program in twenty coastal 
counties; administers grants to local government 
for planning, permitting and beach access pro- 



NORTH CAROLINA REGISTER 



530 



STA TEMENTS OF ORGANIZA TION 



grams; and acquires and manages coastal and es- 
tuarine reserves as natural areas for research, 
education and preservation. 

ORGANIZATION 

Field Services. Field services are provided from 
four regional district offices located in Elizabeth 
City, Washington, Morehead City and Wilming- 
ton. The Field Services staff handle direct con- 
tact with CAMA major development permit 
applicants, including on-site evaluations of per- 
mit applications and the enforcement of CAMA 
rules. They also provide assistance to local gov- 
ernments on land use plans, beach access projects 
and the CAMA minor development permit pro- 
gram. 

Major Permit Coordination. This section is 
responsible for securing and reviewing state, fed- 
eral and public comments on CAMA major de- 
velopment permit applications; drafting proposed 
decision documents; maintaining permit files; and 
reviewing federal agency actions, grants, and per- 
mit decisions for consistency with North Caro- 
lina policies. 

Policy Analysis Technical Services. This sec- 
tion develops and evaluates proposed rules for 
CAMA implementation, reviews proposed re- 
visions to Area of Environmental Concern des- 
ignations, and conducts the technical studies 
necessary' to support program operations. The 
unit also provides public education and public 
information services, including media contacts, 
slide presentations, workshops, newsletters, jour- 
nals, brochures, and related materials. 

Coastal Reserves. This section is responsible 
for the identification, acquisition, and manage- 
ment of critical coastal natural areas to be pre- 
served in a natural state for future research and 
education. The unit also coordinates research 
and education activities for acquired sites. 

COASTAL RESOURCES COMMISSION 



and natural resource protection; and by approv- 
ing local governments' land use plans (N.C.G.S. 
113A-104). 

COASTAL RESOURCES ADVISORY 
COUNCIL 

The Coastal Resources Advisor,' Council con- 
sists of not more than 47 members. The Council 
assists the Secretary of Natural Resources and 
Community Development and the Coastal Re- 
sources Commission in an advisory capacity on 
technical questions relating to the development 
of rules and policies, and other matters arising 
under the Coastal Area Management Act 
(N.C.G.S. I13A-105). 

COASTAL RESERVE ADVISORY 
COMMITTEES 

An Advisory Committee has been formed for 
each fully acquired Coastal Reserve under the 
Coastal Reserve Program. Each committee in- 
cludes local officials scientists, educators, adja- 
cent landowners and site users. Reference of 
these advisory committees is included in 15 
NCAC 70 .0104. 

DIVISION OF COMMUNITY ASSISTANCE 

512 N. Salisbury St. 

P.O. Box 27687 

Raleigh, N.C. 27611-7687 

(919) 733-2850 

The Division of Community Assistance pro- 
vides aid to North Carolina's counties and mun- 
icipalities in the areas of community 
development, land use, public management, and 
economic development planning. The Division 
works to accomplish these goals through admin- 
istration of the Community Development Block 
Grant program, Emergency Shelter Grant pro- 
gram, the Main Street program, and through di- 
rect technical assistance to local governments. 

ORGANIZATION 



The Coastal Resources Commission was cre- 
ated to administer the Coastal Area Management 
Act of 1974. The Commission consists of 15 
members appointed by the Governor to represent 
specified interests. 

The Commission is responsible for developing 
a management program for the coastal area by 
designating Areas of Environmental Concern in 
the 20 coastal counties; by adopting policies, 
standards and guidelines for coastal development 



Community Development Block Grant Pro- 
gram. The Community Development Block 
Grant program provides funds for community 
improvements. Local projects, which must pri- 
marily benefit low and moderate income persons, 
range from housing rehabilitation and neighbor- 
hood facilities to the provision of funds for cre- 
ating or retaining jobs. Local governments apply 
on a competitive basis for grants in the categories 
of community revitalization, economic develop- 
ment, housing demonstration, development 



531 



NORTH CAROLINA REGISTER 



STA TEMENTS OF ORGANIZA TION 



planning, urgent needs, and interim assistance. 
Funds are also available for major disasters under 
the Urgent Needs category. 

Emergency Shelter Grant Program. The Divi- 
sion of Community Assistance has been admin- 
istering the Emergency Shelter Grant program 
since it was made available by the federally 
funded Stewart B. McKinney Homeless Act of 
1987. Grant applications are reviewed on a 
competitive basis and awards are made to local 
governments who in turn distribute funds to 
shelters for maintenance, rehabilitation, and ser- 
vices costs. 

Main Street Program. The Main Street pro- 
gram builds on a city's historic assets to reverse 
decline and create a bright diversified economic 
future in downtown. 

The North Carolina Main Street Center of the 
Division works with local interests, the private 
sector, and other state agencies to direct available 
resources to strengthen downtown revitalization 
efforts in designated Main Street communities. 

Local Government Assistance. Through its 
even regional offices located in Raleigh, Win- 
ston-Salem, Washington, Mooresville, Fayette- 
ville, Asheville, and Wilmington, DCA planners 
and community development specialists assist 
local governments with a wide range of planning 
and management needs including land use and 
management planning, watershed protection 
planning, growth planning, and strategic and ca- 
pital improvement planning. 

COMMUNITY DEVELOPMENT COUNCIL 

The Community Development Council is re- 
sponsible for advising the Secretary of NRCD 
with respect to promoting N.C. community de- 
velopment, with respect to type and effectiveness 
of planning and management services, and upon 
any matter the Secretary' may refer to it. (G.S. 
143B-305) 

DIVISION OF ECONOMIC OPPORTUNITY 

Post Office Box 27687 

Raleigh, North Carolina 27611-7687 

(919) 733-2633 

The Division of Economic Opportunity is re- 
sponsible for the effective administration of the 
federally funded Community Services Block 
Grant Program and the state funded Community 
Action Partnership Program. It is also respon- 
sible for the administration of any other related 



state or federal funds which may become avail- 
able such as homeless funds and food and nutri- 
tion programs. 

ORGANIZATION 

Program Operations. The Program Operations 
section is responsible for the review of grant ap- 
plications submitted to the Division for funding. 
In addition this section is responsible for moni- 
toring Division grantees to ensure compliance 
with all contracts, entered into by the Division. 

Planning and Evaluation. This section is re- 
sponsible for all program planning and evalu- 
ation of the Division and its grantees. Duties 
include drafting grant/funding applications and 
administrative rules. 

DIVISION OF EMPLOYMENT AND TRAINING 

P.O. Box 27687 

Raleigh, NC 27611-7687 

(919) 733-6383 or 1-800-562-6333 

The Division of Employment and Training ad- 
ministers federal grants that are awarded to the 
Governor under federal employment and training 
legislation, including the Job Training Partner- 
ship Act. As the designee of the Governor, the 
Division promotes efficient management and co- 
ordination of job training programs to maximize 
the benefits of these programs to the citizens of 
North Carolina and promotes an active, effective 
partnership between local and state agencies and 
private business in providing job training. (Stat. 
Auth. G.S. 143B-276; 20 CFR 626.1.) 

ORGANIZATION 

Field Services Section. Oversees the Job 
Training Partnership Act (JTPA) service delivery 
areas and state-level contractor program oper- 
ations to ensure that funds are managed and used 
correctly and as effectively as possible; provides 
technical assistance; reviews and resolves audits 
from subgrantees; and manages property, re- 
cords, grievances, debt collection, and procure- 
ment. 

Finance Section. Manages the financial activ- 
ities associated with the administration of the 
JTPA and designs and maintains an information 
system used to assist all levels of management. 
Conducts follow-up studies on the effectiveness 
of the training provided in JTPA programs. 

Planning and Programs Section. Provides pol- 
icy and programmatic guidance to service dcliv- 



NORTH CAROLINA REGISTER 



532 



STA TEMENTS OF ORGANIZA TION 



cry areas for Title II A and I IB and state level 
contractors for the Governor's setasides and Title 
III programs; provides staff support to the State 
Job Training Council; develops and maintains a 
system of performance standards and measures 
for North Carolina and administers the Rural 
Service Deliver)' Area. 

STATE JOB TRAINING COORDINATING 
COUNCIL 

The State Job Training Coordinating Council 
is appointed by the Governor and advises the 
Governor on employment and training issues and 
recommends policies and strategies for the coor- 
dinated use of all of the state's job training re- 
sources. The Council recommends the 
Governor's Goals and Objectives, Coordination 
Criteria and the plans for the use of JTPA special 
purpose funds, and the State Plan for Employ- 
ment and Training Assistance for Dislocated 
Workers. The Council is also responsible for 
reviewing local job training plans and the plans 
of other state agencies providing employment 
and trainins services. (Public Law 99-570, Sec- 
tion 122.) 

RURAL SLRVICE DELIVERY AREA 
PRIVATE INDUSTRY COUNCIL 

This council provides policy guidance for, and 
exercises oversight with respect to all activities 
under the job training plan for the Rural Service 
Delivery Area in partnership with units of state 
and local government, and determines whether 
or not all employment and training activities in 
the Rural Service Delivery Area are in compli- 
ance with the JTPA. (Public Law 99-570, Sec- 
tion 102.) 

DIVISION OF ENVIRONMENTAL 
MANAGEMENT 

P.O. Box 27687 

Raleigh, North Carolina 27611 

(919) 733-7015 

The Division is responsible for comprehensive 
planning and management of the state's air, sur- 
face water, and groundwater resources. The Di- 
vision issues permits to control sources of 
pollution; monitors compliance at permitted fa- 
cilities; evaluates ambient environmental quality; 
and pursues enforcement actions for violations 
of environmental regulations. 

ORGANIZATION 



Air Quality Section. The Air Quality Section 
conserves and protects the State's air resources. 
The s emission control standards, and classifica- 
tions for air contaminant sources. The section 
administers the federal regulations which have 
been delegated to the State, by the Environ- 
mental Protection Agency. By implementing the 
State and federal regulations designed to prevent 
significant deterioration, the section preserves the 
quality of clean air and the potential for contin- 
ued economic growth. 

Water Quality Section. The Water Quality 
Section maintains or restores an aquatic envi- 
ronment of quality sufficient to protect the exist- 
ing and classified uses of the State's surface 
waters. The Section performs four major func- 
tions: 1) permits specific allowable pollution 
levels in discharges and receiving waters; 2) 
monitoring provides inspections for permit com- 
pliance and assesses ambient water quality; 3) 
modeling evaluates the impact of proposed dis- 
charges of waste and tests the control measures; 
4) planning updates and maintains water quality 
standards and stream classifications. 

The Water Quality Section also provides tech- 
nical assistance or enforcement actions to correct 
standards violations. 

I aboratorv Section. The Laboratory Section 
provides analytical services to support the air, 
water and groundwater programs in the Division 
through two regional laboratories and a central 
laboratory. The regional laboratories are prima- 
rily responsible for bacteriological and bio- 
chemical analyses. The central laboratory 
provides a much broader range of chemical ana- 
lyses. The Laboratory Section administers a 
certification program for commercial laboratories 
performing monitoring for permit holders. The 
laboratory staff also provides consultation assist- 
ance and limited training to municipalities and 
industries. 

Groundwater Section. The Groundwater Sec- 
tion manages groundwater use and quality to 
support growth and development in the State. 
The program's goals are to prevent pollution of 
groundwater; respond to contamination inci- 
dents; and initiate cleanup actions as required. 
Permits are required for water wells having a de- 
signed capacity of 100,000 gallons per day or 
more; for goundwater quality monitoring wells; 
and for non-waste injection wells. When 
groundwater use threatens to exceed available 
supply in designated areas, all uses in these areas 
can be regulated. Water well contractors are re- 



533 



NORTH CAROLINA REGISTER 



STA TEMENTS OF ORGANIZA TION 



gistered annually and pump installers every five 
years. 

Construction Grants. The Construction Grants 
Section helps units of governments finance 
wastewater pollution control facilities. This sec- 
tion administers the EPA Construction Grants 
Program and the Federal-State Revolving Fund 
Program which both provide funding for waste- 
water treatment facilities. The Section also pro- 
vides technical review and certification for State 
funds under the N.C. Clean Water Revolving 
Loan Program. 

Albemarle- Pamlico Estuarine Study (APES). 
The primary purpose of the APES is to enable 
resource managers to preserve the productivity 
of the estuarine area by expanding relevant 
knowledge about the human uses upon its phys- 
ical, biological, and social systems. The APES 
is conducted through the National Estuarine 
Program within the Environmental Protection 
Agency as a cooperative venture involving both 
federal and state agencies. 

Pollution Prevention Program (PPP). The 
PPP provides positive alternatives to costly pol- 
lution control options to improve environmental 
quality and to generate economic benefits. The 
program supports and works with industries, 
small businesses, and communities to identify 
and apply techniques at the source of generation 
which will prevent, reduce, or recycle wastes be- 
fore they become pollutants to North Carolina's 
environment. The program provides an infor- 
mation clearinghouse, technical assistance, and 
financial support to help reduce or minimize ha- 
zardous waste, wastewater discharges, air emis- 
sions, and solid waste. 

WASTEWATER TREATMENT PLANT 
OPERATORS CERTIFICATION- 
COMMISSION (WWTPOCC) 

The purpose of the WWTPOCC is to protect 
the public health and to conserve and protect the 
quality of the water resources of the State. The 
Commission protects the public investment in 
wastewater treatment facilities by classifying 
wastewater treatment plants and requiring, 
through examination and certification, compe- 
tent plant operators. North Carolina law creates 
the WWTPOCC and empowers the Commission 
to adopt rules with respect to the certification of 
treatment plant operators. 



ENVIRONMENTAL MANAGEMENT 
COMMISSION 

The Environmental Management Commission 
is created and empowered under Chapter 143B- 
282 of the General Statutes of North Carolina. 
The seventeen member commission promulgates 
rules necessary to protect, preserve, and enhance 
the water and air resources of the State. Included 
in its duties are, the authority to grant permits 
and orders to control sources of air and water 
pollution; permit and inspect dam construction; 
establish water and air quality standards and 
classifications; protect the land and waters from 
oil pollution and leaking underground storage 
tanks storing oil or hazardous substances. The 
Commission investigates water and air pollution 
incidents and may assess penalties for violations 
of water and air standards. 

DIVISION OF FOREST RESOURCES 

P.O. Box 27687 

Raleigh, NC 27611 

(919) 733-2162 

North Carolina's forestland is one of the great- 
est influences on the state in terms of economic 
value and quality of life. The Division of Forest 
Resources' primary purpose is to ensure ade- 
quate and quality forest resources for the state to 
meet present and future needs. The processes 
used to accomplish this involve management of 
existing resources, development and establish- 
ment of new and better quality forests and pro- 
tection of these resources. 

The primary emphasis in carrying out the pro- 
grams involved in these objectives is directed at 
the state's 240,000 private forest landowners who 
own the majority of the forestland. 

Specific activities the Division is involved with 
are forest management assistance to private lan- 
downers, reforestation services, forest fire pre- 
vention and suppression, and insect and disease 
control programs. Other activities are operation 
of tree seedling nurseries, long range forestry 
planning and technical development, water qual- 
ity controls, urban forestry assistance, training 
and support to volunteer fire departments and 
forestr>' education. 

To summarize, the Division has an active role 
in planning and carrying out all activities related 
to maintaining, protecting and improving the 
forest resources of the state. To accomplish this 
role, the Division is organized statewide as fol- 
lows: 

Director's Office (Raleigh) 



NORTH CAROLINA REGISTER 



534 



STA TEMENTS OF ORGANIZA TION 



- Sections of Administrative Services, Forest 

Protection, and Forest Management,' 
Forest Development (Raleigh) 

- 3 Regional Offices (Kinston, Sanford and 

Asheville) 

- 13 District Offices (Asheville, Lenoir, Rock- 

ingham. New Bern, Rocky Mount, Fay- 
etteville, Elizabeth City, Whiteville, Sylva, 
Lexington, Hillsborough, Mount Holly, 
Fairfield) 

ORGANIZATION 

Fire Control. The primary objective of the 
program is to prevent and minimize wildfire 
damage in the state. The program provides 
leadership and assumes primary responsibility for 
preventing and controlling forest fires on more 
than eighteen million acres in the state. North 
Carolina averages approximately 5000 wildfires 
annually with many areas in the state subject to 
large, disastrous fires. Close coordination with 
forest industries, rural fire departments, the Divi- 
sion of Emergency Management and numerous 
other concerns is an essential part of this pro- 
gram. This program also administers a federal 
grant program which provides funds and equip- 
ment to volunteer fire departments. 

Forest Management. The objective of this 
program is to ensure adequate forest resources to 
meet the current and future needs of the state. 
This program provides professional and technical 
management assistance to all N.C. forest land- 
owners which involves a detailed examination of 
the woodlands including the determination of the 
types, quality and quantity of trees; age, vigor 
and general growing conditions of the trees; and 
general overall situation of the resources. A 
written management plan recommending, for in- 
stance, reforestation plans, water quality and 
erosion control, intermediate or final harvesting, 
prescribed burning and various other forest prac- 
tices is prepared for the landowner. Information 
is also provided on several cost sharing programs 
available for reforestation. 

Pest Control. The objective of this program is 
to minimize loss of resources to forest pests and 
disease. The program identifies and takes control 
actions as warranted on endemic forest pest and 
disease problems in the state, and also works 
closely with other agencies in developing im- 
proved means to lessen damages from these ac- 
tivities. 

L'rban Forestry. The goal of Urban and Com- 
munity Forestry for North Carolina is to im- 



prove the quality of life, (environmentally, 
economically, and aesthetically) in urban areas 
through technical assistance and services to 
towns in developing and carrying out multi-year 
management plans for urban vegetation. Em- 
phasis is on both extension of services to a 
growing number of urban areas, and increasing 
the intensity of service to those areas with more 
aggressive programs. Service is on a continuing 
basis to all areas that maintain an active program. 

Nursery and Tree Improvement. This program 
provides adequate, high quality seedlings to meet 
the reforestation and Christmas tree production 
needs of the state. The Tree Improvement Pro- 
gram produces and provides genetically improved 
seeds to the Nursery Program which produces 
the seedlings for sale to the public. The pro- 
duction of 50 to 60 million seedlings per year 
occurs at three nurseries and one greenhouse. 

Educational State Forests. The purpose of this 
program is to make N.C. citizens more aware of 
the importance of forestry by means of programs 
and demonstrations at several state forests. 
These forests are currently operated at Clayton, 
near Lenoir, Elizabethtown, near Wilkesboro and 
Hendersonville. 

Forest Products Market Development. The 
primary objective of this program is to create 
adequate markets for all the wood fiber grown in 
North Carolina, helping to ensure an adequate 
return on investments for landowners who grow 
timber and motivating them to regenerate their 
forestland and practice sound forest management. 
The program is defined by four major activities: 
1) industrial development - - recruiting new 
wood-using industries into the state, expand ex- 
isting industry, and increase the use of North 
Carolina grown timber by instate industries; 2) 
export market development - - to increase the 
amount of North Carolina forest products being 
exported to foreign markets; 3) wood energy to 
promote the use of wood fuel; and, 4) new 
technology transfer - - to assure that industry is 
aware of and utilizes new technology, innovative 
processes and equipment resulting from research. 

FORESTRY ADVISORY COUNCIL 

The Forestry Advisory Council advises the De- 
partment of Natural Resources and Community 
Development Secretary concerning conservation 
and development of private and public forests in 
the state. The Council also makes studies di- 
rected by the Secretary, conducts a continuing 
review of Division programs, and participates in 



535 



NORTH CAROLINA REGISTER 



ST A TEMENTS OF ORGANIZA TION 



evaluations and in hearings related to the public 
interest in forestry. 

SOUTHEASTERN FOREST FIRE 
COMPACT ADVISORY COMMITTEE 

The Southeastern Forest Fire Compact is au- 
thorized by the Legislature and its purpose is to 
promote effective prevention and control of for- 
est fires in the Southeastern Region of the United 
States. The Advisory Committee is composed 
of legislators and forest industry representatives 
and meets periodically with the State Foresters 
of member states to promote adequate forest fire 
protection measures throughout the Southeastern 
Region. 

DIVISION OF LAND RESOURCES 

P.O. Box 27687 

Raleigh, NC 27611 

(919) 733-3833 

The Division of Land Resources is a division 
of the Department of Natural Resources and 
Community Development which is created by 
G.S. 143B-279 and G.S. 143B-275. The purpose 
of the Division of Land Resources is to protect 
and conserve the State's land, minerals, and re- 
lated resources through the effective implemen- 
tation and management of programs related to 
sedimentation pollution control, mined land rec- 
lamation, dam safety, land records management, 
geodetic survey, resources inventory and analysis 
(LRIS), and mineral resources conservation and 
development. 

ORGANIZATION 

Geodetic Survey Section. The primary activity 
of the Geodetic Survey Section is to place pre- 
cisely positioned, monumented survey points, 
often called stations, marks, or benchmarks, 
throughout the State for use in boundary surveys, 
chart making, transportation systems and other 
related activities. These survey points become a 
part of the North Carolina Coordinate system, 
which is an X and Y grid covering North Caro- 
lina. 

Land Records Management Program. The 
Land Records Management Program provides 
technical assistance to counties in modernizing 
their land records through orthobase mapping, 
orthophotos and computers. This program also 
makes financial grants to counties, through an 
application process funded by the General As- 
sembly, for modernizing county land records. 



Geological Survey Section. The Geological 
Survey Section examines, surveys and maps the 
geology of the State and publishes reports and 
maps for the private sector and the general pub- 
lic. The Section also administers the Oil and Gas 
Conservation Act. 

Land Resources Information Service (LRIS). 
LRIS is a geographic information service that 
provides a computer date base of North Carolina 
land related features such as maps of soils, land 
use, topography and streams which can be ana- 
lyzed using sophisticated computer mapping 
techniques. The system operates as a nonprofit 
agency serving federal, state, regional and local 
governments. A user fee is charged to cover op- 
erating costs. 

Land Quality Section. The Land Quality Sec- 
tion is responsible for administering the North 
Carolina Mining Act of 1971, the North Carolina 
Sedimentation Pollution Control Act of 1973, 
and the North Carolina Dam Safety Act of 1967 
(G.S. 143-215). In addition, this Section pro- 
vides staff support for the Mining Commission 
and the Sedimentation Commission and the 
Sedimentation Pollution Control Commission. 

NORTH CAROLINA MINING 
COMMISSION 

This 9-member commission is appointed by the 
Governor to function as the regulatory body for 
the enhancement of the mining resources of 
North Carolina and to insure that mining activity 
is accomplished in a manner that protects the 
environment and the health, safety and welfare 
of the public pursuant to the North Carolina 
Mining Act of 1971 (G.S. 74-50 and 74-46). 

NORTH CAROLINA SEDIMENTATION 
POLLUTION CONTROL COMMISSION 

This 11 -member commission is appointed by 
the Governor to function as the regulatory body 
for the administration and enforcement of mini- 
mal mandatory standards which will permit de- 
velopment of North Carolina to continue with 
the least detrimental effects from pollution by 
sedimentation pursuant to the Sedimentation 
Pollution Control Act of 1973 (G.S. 113A-50). 

NORTH CAROLINA ADVISORY 
COMMITTEE ON LAND RECORDS 

This 12-member committee is appointed by the 
governor to advise the department on establish- 
ing standards, and providing technical assistance 



NORTH CAROLINA REGISTER 



536 



ST A TEMENTS OF ORGANIZA TION 



to local governments in implementing and main- 
taining minimum standards with regard to: 

1 - uniform indexing of land records; 

2 - uniform recording and indexing procedures 

for maps, plats, and condominiums; and 

3 - security and reproduction of land records. 

(land Records Management Program - G.S. 
143-345.6). 

DIVISION OF MARINE FISHERIES 

Post Office Box 769 

Morehead City, NC 28557-0769 

(919) 726-7021 

The Division is responsible, under direction of 
the Marine Fisheries Commission and the Secre- 
tary, Department of Natural Resources and 
Community Development, for stewardship of the 
marine and estuarine resources of the State of 
North Carolina. As such it is responsible for the 
maintenance, preservation, protection and devel- 
opment of all marine and estuarine fisheries re- 
sources. This includes the promulgation of rules 
governing coastal fisheries, and their enforce- 
ment. It includes scientific endeavors leading to 
the development of information upon which re- 
gulatory and developmental decisions will be 
based. It also includes developmental activities 
intended to improve the cultivation, harvesting 
and marketing of shell and finfish. 

ORGANIZATION 

The Division is organized into four programs: 
Administration, Research, Operations, and De- 
velopment. 

Administration. Responsible for personnel, 
budget, physical plant management, licensing, 
public information and submerged lands claim 
activities. 

Research. Responsible for planning, process- 
ing, analyzing, and publishing fisheries manage- 
ment data. Coordinates federal funding and 
project management. 

Operations. Headquartered at Morehead City 
with offices in Elizabeth City, Manteo, Wash- 
ington, and Wilmington, this program is respon- 
sible for fisheries management and law 
enforcement activities. 



Development Program. Responsible for shellfish 
development, shellfish leasing and artificial reef 
construction and management. 

MARINE FISHERIES COMMISSION 

The Marine Fisheries Commission is responsi- 
ble for management, restoration, development, 
cultivation, conservation protection and regu- 
lation of the marine and estuarine resources of 
the State (G.S. 143B-289.3); and to adopt rules 
to be followed in the management, protection, 
preservation and enhancement thereof (G.S. 
143B-289.4); all such rules to be enforced by the 
Department and Division [143B-289.4(5)]. 

DIVISION OF PARKS AND RECREATION 

P.O. Box 27687 

Raleigh, North Carolina 27611-7687 

(919) 733-4181 

The North Carolina Division of Parks and Re- 
creation is responsible for planning for a state- 
wide system of park and recreation resources. 
The Division administers the State Parks System 
which includes state parks, state natural areas, 
state recreation areas, state trails, state lakes, and 
natural and scenic rivers. The system functions 
to preserve unique examples of archaeologic, bi- 
ologic, geologic, scenic, and recreational re- 
sources. The Division is also responsible for the 
Land and Water Conservation Fund Program, a 
federal matching-fund program which supports 
outdoor recreation, conservation, and statewide 
recreation planning. Recreation consulting ser- 
vices are provided through a cooperative agree- 
ment with North Carolina State University. The 
Division is organized into four sections. 

ORGANIZATION 

Design and Development Section. The Design 
and Development Section is responsible for 
managing the Division's capital improvement 
projects, land acquisition program, and resource 
management program. The section maintains an 
inventory of repair and renovation needs in the 
State Parks System. 

Operations Section. The Operations Section is 
responsible for efficient management of the State 
Parks System. On-site park superintendents 
serve to manage park units. Section responsibil- 
ities include State Parks System operation, inter- 
pretation and education, visitor protection and 
safety, natural resource management, concessions 
management, state trails, and volunteer program 
administration. 



537 



NORTH CAROLINA REGISTER 



STA TEMENTS OF ORGANIZA TION 



Consulting Services Section. The Consulting 
Services Section provides advisory services, plan- 
ning assistance, and training programs to public, 
private, and commercial agencies and organiza- 
tions. The section assists the field administration 
of the land and Water Conservation Fund by 
providing information, processing applications, 
performing inspections, and resolving conver- 
sions. The unit also conducts special projects, 
such as the "Take Pride in America" program— a 
nationwide effort to promote public land ste- 
wardship. 

Planning and Assessment Section. The Plan- 
ning and Assessment Section prepares system- 
wide plans and general management plans for the 
State Parks System. The section is responsible 
for maintaining the State Comprehensive Out- 
door Recreation Plan, conducting special studies, 
and preparing preliminary and feasibility studies 
of river segments nominated for inclusion into 
the State Natural and Scenic River System. The 
Natural Heritage Program, a part of the section, 
serves to identify, inventory, and provide pro- 
tection for rare and endangered plant and animal 
species, special wildlife habitats, sensitive wet- 
lands, and geologic landforms. 

PARKS AND RECREATION COUNCIL 

The Parks and Recreation Council functions to 
advise the Department on the promotion, devel- 
opment, and administration of the State Parks 
System. The Council works to educate and in- 
form the citizens of the State on the needs and 
opportunities of the State Parks System. The 
Council also advises the Department with respect 
to the quality and quantity of the total recreation 
services provided to the citizens of the State. 
(G.S. 143B-311 through 313) 

RECREATION AND NATURAL 

HERITAGE TRUST FUND BOARD OF 

TRUSTEES 

The Board administers the Natural Heritage 
Trust Fund which was established to provide 
support for acquisition and management of sig- 
nificant natural areas. (G.S. 113-77.6 through 

77.9) 

NORTH CAROLINA TRAILS 
COMMITTEE 

The Committee coordinates trail development 
among state and federal agencies, and local gov- 



ernments and advises the Department on all 
matters pertaining to trails. The Committee re- 
views and recommends trails for the designation 
as State Trails including segments of the Moun- 
tains-to-Sea Trail. (G.S. 143B-88; 333; and 334) 

DIVISION OF SOIL AND WATER 
CONSERVATION 

512 North Salisbury Street 

Raleigh, North Carolina 27611 

919/733-2302 

The Division of Soil and Water Conservation 
is a comprehensive, statewide program for con- 
serving our soil and water resources and operates 
under the Department of Natural Resources and 
Community Development. The Division pro- 
vides staff, clerical assistance, and policy imple- 
mentation for the N.C. Soil and Water 
Conservation Commission. It also helps the 94 
local Soil and Water Conservation Districts and 
their State Association in their campaign for soil 
and water conservation. 

ORGANIZATION 

District Program Section. The District Pro- 
gram Section coordinates the activities of the 94 
local soil and water conservation districts across 
the state and serves as staff for the N.C. Associ- 
ation of Soil and Water Conservation Districts, 
the 94 Districts' member association. 

N.C. Agriculture Nonpoint Source Pollution 
Control Section. The N.C. Agriculture Non- 
point Source Pollution Control Section, com- 
monly known as the N.C. Agriculture 
Cost-Share Section, is responsible for encourag- 
ing the voluntary' adoption of Best Management 
Practices (BMP's) to control agricultural non- 
point source pollution. This Section administers 
the North Carolina Agriculture Cost-Share Pro- 
gram which addresses water quality. 

Watershed Planning Section. The Watershed 
Planning Section supports the planning and im- 
plementation of PL 566 Small Watershed Pro- 
jects (250,000 acres or less) under USDA-Soil 
Conservation Service Authority. The projects 
address community-wide natural resource prob- 
lems such as flooding, erosion, and water quality. 

Soil Survey Section. The Soil Survey Section 
collects and classifies soils data and prepares 
county soil survey reports. This Section works 
in close cooperation with the Soil Conservation 
Service (SCS). 



NORTH CAROLINA REGISTER 



53S 



STA TEMENTS OF ORGANIZA TION 



Wetlands Inventory Section. The Wetlands 
Inventor)' Section provides quality control for 
the National Wetlands Inventory underway in 
North Carolina by the U.S. Fish and Wildlife 
Service. 

NORTH CAROLINA SOU, AND WATER 
CONSERVATION COMMISSION 

G.S. 143B-294 states "there is hereby created 
the Soil and Water Conservation Commission 
of the Department of Natural Resources and 
Community Development with the power and 
duty to adopt rules and regulations to be fol- 
lowed in the development and implementation 
of a soil and water conservation program." 

DIVISION OF WATER RESOURCES 

P.O. Box 27687 

Raleigh, North Carolina 27611 

(919) 733-4064 

The Division of Water Resources manages 
programs for planning, technical assistance, and 
financial assistance for river basin management, 
water supply, water conservation, navigation, 
stream clearance, flood control, beach protection, 
aquatic weed control, hydroelectric power, and 
recreational uses of water. The Division devel- 
ops plans and special studies in cooperation with 
local governments and other state and federal 
agencies on complex water resource problems 
related to regional water use and interstate river 
basins. 

ORGANIZATION 

Water Resources Planning Section. The Water 
Resources Planning Section develops plans and 
special studies in cooperation with local govern- 
ments and other state and federal agencies, per- 
forms instream flow studies, conducts aquatic 
weed control projects, develops water use pro- 
jections for municipal, county, and regional wa- 
ter supplies, provides technical and financial 
assistance for local government-sponsored water 
development projects, prepares environmental 
assessments of major projects affecting water re- 
sources, and administers the Stream Watch Pro- 
gram and North Carolina Rivers Month. 

Water Supply Assistance Section. The Water 
Supply Assistance Section provides technical as- 
sistance to counties, municipalities, and other 
public water supply systems and their consult- 
ants. Some of the services provided include: 
surveys of existing water supply systems, investi- 
gation of alternative and emergency raw water 



sources, coordination of regional cooperation 
between local water supply systems, evaluation 
of future water demands, information on sources 
of financial assistance and water conservation, 
and notification to municipalities of potential 
water shortages. 

Hydrology and Management Section. The 
Hydrology and Management Section provides 
information and interpretive studies on surface 
water and groundwater to other State agencies, 
federal agencies, and municipal and industrial 
water users and their consultants. Study topics 
include: reservoir operation, reservoir yield, 
goundwater modelling for water supply planning, 
and low flow frequency. 

ENVIRONMENTAL MANAGEMENT 
COMMISSION 

The Environmental Management Commission 
(EMC) receives staff support from the Divisions 
of Environmental Management, Water Re- 
sources, and Land Resources. The primary sta- 
tutes administered by the Division of Water 
Resources for the EMC are the Water L'se Act 
(G.S. 143-215.11 et seq), the Water Emergency 
Act [G.S. 143-354(b)-(e)], and the Federal Water 
Resources Development Projects Act (G.S. 
143-215.38 et seq.). 

AQUATIC WEED COUNCIL 

The Aquatic Weed Council meets quarterly to 
coordinate the activities of the numerous agencies 
involved in aquatic weed control and to exchange 
information on aquatic weed control methods. 
The Council reviews the proposed weed control 
program de\ r eloped by the Division of Water 
Resources each year to assure that all affects on 
the environment and on public health have been 
adequately evaluated. 

NORTH CAROLINA ZOOLOGICAL PARK 

Route 4, Box 83 

Asheboro, North Carolina 27203 

(919) 879-5606 

The N. C. Zoological Park is designed to dis- 
play representative species of animal and plant 
life from the various land and sea masses of the 
world in a zoogeographic relationship and to 
achieve the specific purposes of: 

1 - Providing unique educational opportunities 
to the general public and to the state 
school systems at all levels. 



539 



NORTH CAROLINA REGISTER 



ST A TEMENTS OF ORGANIZA TION 



2 - Providing a meaningful recreational outlet 

for the citizens and tourists available to 
all; young, old, and handicapped. 

3 - Providing research opportunities to the 

scientific community and collecting and 
disseminating scientific information about 
the animal and plant collection and other 
subjects which is of value to mankind. 

4 - Developing and maintaining a major pro- 

gram for the conservation, preservation, 
and propagation of animal and plant life 
with particular emphasis on endangered 
and threatened species. 

5 - Generating an economic return to the state 

which assists in defraying the cost of op- 
eration of the institution and contributes 
to the general economic well being of the 
region. 

ORGANIZATION 

General Curator. Responsible for the care and 
display of all animals owned by or on loan to the 
Zoo. Manages the Animal Curatorial programs, 
develops and conducts research and breeding 
programs, initiates and participates in multi-in- 
stitution conservation programs, and other re- 
lated wildlife issues. Manages the Education, 
Veterinary Medical Services, and Animal Hus- 
bandry programs. Professional liaison with na- 
tional and international zoological organizations. 

Exhibit and Graphics. Responsible for the de- 
sign, construction, and maintenance of exhibits 
and natural habitats. Manages the graphics pro- 
gram and provides graphic services to other divi- 
sions. 

Management Services. Responsible for all visi- 
tor service revenue activities. Manages and op- 
erates all personnel, financial management, 



accounting, 
of the Zoo. 



and related administrative functions 



Eacilities. Responsible for coordination and 
development of all Park construction. Respon- 
sible for the maintenance and accounting of all 
physical property and equipment. Provides all 
security, warehousing and supply, housekeeping, 
fire protection, and related services to the Zoo. 

Marketing. Responsible for increasing positive 
awareness and attendance; developing and ad- 
ministering marketing programs and strategies; 
and disseminating information to media, govern- 



ment agencies, tourism industry and general 
public. Approves all media releases involving the 
Zoo, including those issued by the Zoological 
Society and serves as the Zoo's public relations 
spokesperson. Plans and coordinates special 
events, joint promotions, publicity opportunities, 
and group visits. 

Horticulture. Responsible for the planning, 
development, and maintenance of the introduced 
and indigenous botanic collection. Introduces 
plant material to create or simulate natural envi- 
ronments. Develops research and educational 
projects, initiates and participates in multi-insti- 
tution conservation programs. Professional liai- 
son with national and international botanical 
organizations. 

NORTH CAROLINA ZOOLOGICAL PARK 
COUNCIL 

This fifteen-member council is appointed by the 
Governor to oversee the development and oper- 
ation of the Zoological Park (G.S. 143B-335; 
143-177.3). Responsibilities include: 

1 - Advise on the basic concepts of and for the 

Park, approve conceptual plans for the 
Park and its buildings. 

2 - Advise on the construction, furnishings, 

equipment and operations of the Park. 

3 - Establish and set admission fees with the 

approval of the Secretary, NRCD. 

4 - Recommend programs to promote public 

appreciation of the Park. 

5 - Disseminate information on animals and 

the Park as deemed necessary. 

6 - Develop effective public support for the 

Park through whatever means are desira- 
ble and necessary. 

7 - Solicit financial and material support from 

various private sources within and with- 
out the State. 

8 - Advise the Secretary on any other matters 

referred to it. 

NORTH CAROLINA AUCTIONEER 
LICENSING BOARD 

The Auctioneer Licensing Board is responsible 
for the administration and enforcement of the 



NORTH CAROLINA REGISTER 



540 



STA TEMENTS OF ORGANIZA TION 



Auctioneers Law, G.S. 85B, which establishes 
specific standards of conduct for auctioneers and 
auction firms that serve to protect the public 
from incompetent or unqualified persons engag- 
ing in auction activities, and from deceitful prac- 
tices, willful misrepresentations or fraudulent and 
dishonest dealings: affords a means of redress of 
grievances to any person suffering damage, and 
provides a means of monetary' restitution for loss 
suffered. 

The Auctioneers Law stipulates that there shall 
be a five-member Commission, appointed by the 
Governor. By law, three members are from no- 
minations submitted to the Governor by the 
Auctioneers Association of North Carolina. At 
least three members must be experienced licensed 
auctioneers; one member is appointed to repre- 
sent the public at large, and cannot be licensed 
as an auctioneer. 

It is the responsibility of the board to license 
auctioneers, apprentice auctioneers, and auction 
firms and to see that the qualifications and ac- 
tivities of those engaged in auctioneering activ- 
ities are in accord with law and in the best 
interests of the public. The board is not a board 
of arbitration and has no jurisdiction to settle 
disputes between parties concerning such matters 
of contract as the rate of commissions, the divi- 
sion of commissions, pay of assistants, and simi- 
lar matters. 

The Commission may upon its own motion or 
upon a complaint in writing of any person, pro- 
vided the complaint and any evidence presented 
with it establishes a prima facie case, hold a 
hearing and investigate the actions of any licen- 
see, and has the power to suspend or revoke any 
license issued. The Commission may in its own 
name seek injunctive relief to restrain any vio- 
lation or anticipated violation of the Auctioneers 
Law; is entitled to the services of the Attorney 
General in enforcing the provisions of G.S. 85B, 
or may employ an attorney to assist and repre- 
sent it in enforcement of specific matters. 

The Commission holds monthly meetings; re- 
ceives and acts upon license applications; adopts 
rules and regulations; investigates complaints; 
holds administrative hearings as needed; suspends 
or revokes licenses when warranted; sponsors and 
underwrites educational projects for the benefit 
of licensees and provides recovery and guaranty 
protection through the Auctioneer Recover," 
Fund. 



The board's office is staffed by an executive di- 
rector, administrative assistant, and two secre- 
taries. /Ml employees serve at the pleasure of the 
Commission. Operational activities are sup- 
ported totally by license fees collected from those 
in the auction profession and deposited with the 
State Treasurer: no funds are appropriated for the 
use of this agency. The staff administers exam- 
inations, issues and renews licenses, publishes an 
annual directory' and biannual newsletters, and is 
responsible for the daily functioning of the office. 
Complaints are investigated with the assistance 
of a contractual investigative firm. 

The administrative offices of the Auctioneer Li- 
censing Board are located at: 

3509 Haworth Dr., Suite 306 
Raleigh, N.C. 27609-7276 
Telephone: (919) 733-2182 



Office hours are 8:30 a.m. until 5:00 p.m. 
day through Friday, except holidays. 



Mon- 



NORTH CAROLINA MARITAL AND 

FAMILY THERAPY CERTIFICATION 

BOARD 

The North Carolina Marital and Family Ther- 
apy Certification Board was established in 1979 
in accordance with Chapter 31, Article 18C of the 
North Carolina General Statutes. The Certif- 
ication Act was established to provide a structure 
and procedures which insure that the public has 
a means of protecting itself from unprofessional, 
improper, and unauthorized use of certain titles 
by persons who practice marital and family ther- 
apy. 

Information on the certification process or the 
status of an applicant may be obtained by calling 
919-748-4657 Monday through Friday between 
the hours of 8:00 a.m. - 5:00 p.m., or by writing: 

Shelia K. Beck, Executive Secretary 

N.C. Marital and Family Therapy Certification 

Board 

Section on Marital and Family Therapy 

Bowman Grav School of Medicine 

Winston-Salem, NC 27103 

BOARD OF MEDICAL EXAMINERS OF 
THE STATE OF NORTH CAROLINA 

history and PURPOSE: The North Carolina 
Board of Medical Examiners was established in 
1859 by legislature of the State of North Carolina 
with the purpose of the proper regulation of the 



541 



NORTH CAROLINA REGISTER 



STA TEMENTS OF ORGANIZA TION 



practice of medicine and surgery. It is for that 
purpose that the Board of Medical Examiners 
exists today. 

composition: The current Board of Medical 
Examiners is composed of eight members. Seven 
of the members are physicians appointed by the 
Governor after being nominated by the North 
Carolina Medical Society, and one public mem- 
ber who is also appointed by the Governor. 

meetings: Pursuant to Statute, the Board 
meets at least annually. Current regularly sche- 
duled meetings are held in the months of Janu- 
ary, March, May, June, August, October and 
December. Other meetings are scheduled during 
the year as needed to accomplish the Board's 
purpose. The Board has its greatest contact with 
the public in receiving complaints regarding 
physician behavior and competence and in the 
direct licensure of members of the public who 
satisfy the Board that they are competent for li- 
censure to practice medicine in the State of North 
Carolina. 

PUBLIC complaints: The public may com- 
plain regarding practices of physicians or con- 
cerns regarding the practice of medicine in the 
state by submission of a written complaint stat- 
ing the name of the physician concerned and the 
nature of the complaint. Such complaints can 
be submitted to the office of the North Carolina 
Board of Medical Examiners which is located at 
1313 Navaho Drive, Raleigh, North Carolina 
27609. The phone number at the office of the 
Board of Medical Examiners is 919/876-3885. 

Applicants for licensure to practice medicine in 
the State of North Carolina may make an appli- 
cation upon submitting a request for an applica- 
tion to the North Carolina Board of Medical 
Examiners. Upon receipt of such licensure re- 
quest the Board will send out appropriate appli- 
cation materials for the applicant. Any questions 
from the public not addressed herein may be ad- 
dressed to the North Carolina Board of Medical 
Examiners at the address shown above. 

MIDWIFERY JOINT COMMITTEE OF 
THE STATE OF NORTH CAROLINA 

"Midwifery Joint Committee administers the 
provisions of Article 10A 'Practice of Midwifery' 
by the approval of nurses to practice midwifery 
in North Carolina and by regulation of that 
practice. 



All meetings of the Midwifery Joint Committee 
are open to the public. Persons wishing to bring 
matters to the attention or consideration of the 
Midwifery Joint Committee may write the Mid- 
wifery Joint Committee, P. O. Box 2129, Ra- 
leigh, NC 27602." 

NORTH CAROITNA BOARD OF 
MORTUARY SCIENCE 

The North Carolina Board of Mortuary Science 
was created by Article 13A, Chapter 90, General 
Statutes. The Board consists of six persons li- 
censed by the Board and elected by licensees, 
plus one public member appointed by the Gov- 
ernor. The Board meets as often as necessary to 
transact its business. (It is required by law to 
meet at least twice a year.) It administers the 
examination to applicants for licensure twice a 
year. 

Information may be obtained from the sub- 
missions and requests may be made to the Board 
office, located at 412 North Wilmington Street, 
Raleigh, NC 27601, telephone (919) 733-9380. 

NORTH CAROITNA BOARD OF NURSING 

"The North Carolina Board of Nursing licenses 
registered nurses and licensed practical nurses; 
regulates the practice of nursing; approves edu- 
cational units leading to licensure; approves nurse 
aide educational programs; maintains the Nurse 
Aide Central Registry; issues interpretations of 
the Nursing Practice Act; and maintains a joint 
subcommittee with the North Carolina Board of 
Medical Examiners for matters relating to the 
performance of medical acts of registered nurses. 

All meetings of the Board, including Board 
committee meetings, are open to the public. 
Persons wishing to bring matters to the Board for 
its attention or consideration shall submit the 
request in writing no less than 30 days prior to 
the scheduled regular meeting. The Board office 
is located at 3724 National Drive, Suite 201, Ra- 
leigh, NC 27612; mailing address is P.O. Box 
2129, Raleigh, NC 27602." 

NORTH CAROLINA BOARD OF 
PHYSICAL THERAPY EXAMINERS 

The North Carolina Board of Physical Therapy 
Examiners is an occupational licensing board 
which was created by the General Assembly in 
1951. The Physical Therapy Practice Act is 
found in G.S. 90-270.24 - 90-270.39. 



NORTH CAROLINA REGISTER 



542 



ST A TEMENTS OF ORGANIZA TION 



The Hoard: 

(1) issues licenses to practitioners of physical 
therapy in order to protect the safety and 
welfare of recipients of physical therapy 
services in North Carolina. Both physical 
therapists and physical therapist assistants 
are licensed by the Board. Currently there 
are 2004 physical therapists holding active 
licenses with 1400 of these residing in 
North Carolina. There are 622 licensed 
physical therapist assistants and 530 of 
them live in the State. 

(2) is charged with the responsibility of in- 
vestigating complaints regarding the un- 
authorized practice of physical therapy in 
North Carolina and acts of licensees that 
violate the Practice Act. 

(3) issues interpretation of questions arising 
from the Physical Therapy Practice Act. 

The Board consists of eight members including 
one medical doctor, four physical therapists, two 
physical therapist assistants, and one public 
member, who represents the interest of the public 
at larue and is a person who is not licensed under 
Chapter 90. 

Licenses are granted both by endorsement of an 
active license in another state and by examina- 
tion. Examinations will be held on November 
2, 1989, February 1, 1990, and July 2, 1990. 

The Board has adopted rules and regulations 
pursuant to the Administrative Procedure Act 
which are codified in 21 NCAC, Chapter 48. 

Further information may be obtained by writing 
the Executive Secretary', 2426 Tryon Road, Dur- 
ham, North Carolina 27705. 

NORTH CAROLINA REAL ESTATE 
COMMISSION 

The North Carolina Real Estate Commission 
is a state governmental asencv. Its address is 
Post Ofrice~Box 17100, Raleigh, NC 27619 and 
its telephone number is (919) 733-9580. 

The Commission licenses and regulates real es- 
tate agents including brokers, salesmen and cor- 
porate brokers. It handles complaints from 
consumers against licensees. The Commission 
also registers time share projects and regulates 
their sales activities. The Commission has the 
power to take disciplinary action against its li- 



censees and time share projects where it deter- 
mines there is a violation of the License Law or 
the Time Share Act. 

Departments and personnel in the Real Estate 
Commission include the Commission itself, con- 
sisting of seven volunteer members appointed by 
the Governor. The Executive Director is re- 
sponsible for overall administration of the Com- 
mission's staff, and programs and operations in 
accordance with the policies and directives of the 
Commission. The administrative section is re- 
sponsible for personnel and financial manage- 
ment, as well as general and technical support. 
The licensing section processes the various ap- 
plications submitted and maintains records on all 
licensees. The education section develops stan- 
dards and materials for prc-liccnsing study, ap- 
proves real estate schools and instructors and 
develops and administers the real estate license 
examination program. The investigative section 
investigates complaints against real estate agents 
and time share sales and management personnel. 
The section also employs auditors who examine 
the trust accounts of real estate firms and time 
share projects. The legal section conducts in- 
quiries and coordinates investigations of con- 
sumer complaints, prosecutes charges against 
licensees at hearings before the Commission, and 
provides legal counsel to the Commission. 

NORTH CAROLINA DEPARTMENT OF 
COMMUNITY COLLEGES 

The Department of Community Colleges fulfills 
its administrative responsibilities tlirough the 
following organizational structure: Office of the 
System's President with an Executive Vice Presi- 
dent and staff, Assistants for Board Affairs, Fed- 
eral Affairs and Governmental Affairs and four 
divisions -- Adult and Continuing Education, 
Finance, Programs, and Research and Informa- 
tion -- each headed by a Vice President. 

Any person wishing to submit a petition re- 
questing the adoption, amendment or repeal of 
a rule by the Department of Community Col- 
leges shall address the petition to: 

System's President 

Department of Community Colleges 

200 West Jones Street 

Raleigh. N.C. 27603-1337 

NC. AGRICULTURAL FINANCE 
AUTHORITY 

GENERAL INEORMATION 



543 



NORTH CAROLINA REGISTER 



STA TEMENTS OF ORGANIZA TION 



The following is general information about the 
North Carolina Agricultural Finance Authority: 

(1) The Authority's officers are the Chairman, 
Vice-Chairman, Executive Director, and 
Secretary. 

(2) The mailing address is Suite 406, 19 West 
Harsett Street. Raleish, North Carolina 
27601. 

PURPOSES, FUNCTIONS, DUTIES 

The North Carolina Agricultural Finance Au- 
thority, hereinafter referred to as the 
"Authority", was created by Chapter 122D of the 
General Statutes of North Carolina for the pur- 
pose of providing capital and credit at affordable 
interest rates for investment in agriculture. 

COMPOSITION OF AUTHORITY 

The North Carolina Agricultural Finance Au- 
thority is an independent agency created within 
the Department of Agriculture composed of ten 
members. The Commissioner of Agriculture 
serves ex officio with the same rights and privi- 
leges, including voting rights, as other members. 
Three members are appointed by the General 
Assembly upon the recommendation of the 
Speaker of the House, three members are ap- 
pointed by the General Assembly upon the re- 
commendation of the President of the Senate, 
and three members are appointed by the Gover- 
nor. 

STATE OF NORTH CAROLINA OFFICE 
OF ADMINISTRATIVE HEARINGS 

The Office of Administrative Hearings (OAH) 
is an independent, quasi-judicial agency. It is 
one of the twenty-five administrative depart- 
ments of state government authorized by Article 
III, Section 1 1 of the North Carolina Constitu- 
tion. 

The purpose of this agency is to establish and 
carry out a uniform system of administrative 
rulemaking and adjudicatory' procedures for state 
agencies thereby ensuring that the functions of 
rulemaking, investigation, advocacy and adjudi- 
cation are not all performed by the same group, 
staff or agency in the administrative process. 



The mission of this agency is carried 
through six groups within the Office: 



out 



(1) The Adjudicative Staff - consists of the 
Chief Administrative Law Judge, who is 
also the Director of the agency, and Ad- 
ministrative Law Judges responsible for 



conducting hearings on various grievable 
issues covered by administrative law. 

The Deputy Director is responsible to the 
Director for all functions of the agency 
except adjudications. 

(2) The Hearings Staff - administers the con- 
tested case hearing provisions, the proc- 
essing of cases and the collection, coding 
and tabulation of data related to cases. 

The Hearings Manager will be responsible 
for the support activities for the hearings 
function. 

(3) The Rules Publication Staff - performs 
administrative and technical work in the 
compilation, production and publication 
of the North Carolina Register and the 
North Carolina Administrative Code. 

The Director of APA Services is responsible 
for the operations of the Rules Publica- 
tion Staff. 

(4) The Administrative Staff - performs min- 
isterial activities involved in personnel and 
public relations. 

(5) The Civil Rights Division - conducts in- 
vestigations and seeks resolutions of dis- 
crimination cases deferred by the Equal 
Employment Opportunities Commission. 

(6) The Fiscal Staff - performs activities in- 
volved in budget, purchasing and payroll. 

The public may obtain information about and 
make submissions or requests to the Office of 
Administrative Hearings in person at 424 North 
Blount Street, Raleigh, North Carolina, by mail 
at Post Office Drawer 11666, Raleigh, N. C, 
27604, and by telephone as follows: 

Administrative Staff 
(919) 733-2691 

Rules Publication Staff 
(919) 733-2678 

Hearings Staff 
(919) 733-2698 

Civil Rights Division 
(919) 733-0431 



NORTH CAROLINA REGISTER 



544 



STA TEMENTS OF ORGANIZA TION 



The following agencies did not submit a Statement of Organization: Administration; Auditor; Com- 
merce; Correction; Council of State; Cultural Resources; State Board of Elections; Governor's Office; 
Human Resources; Insurance; Justice; Labor; Crime Control and Public Safety; Public Education; 
Revenue; Secretary' of State; State Treasurer; Transportation; Housing Einance; State Personnel; Board 
of Architecture; Board of Barber Examiners; Board of Certified Public Accountant Examiners; Board 
of Chiropractic Examiners; Board for General Contractors; Board of Cosmetic Art Examiners; Board 
of Dental Fxaminers: Board of Examiners of Electrical Contractors: Board of Registration for Fores- 
ters; Board of Geologists; Board of Hearing Aid Dealers and Fitters; Board of Landscape Architects; 
Registration Board of Landscape Contractors; Board of Nursing Home Administrators; Board of Oc- 
cupational Therapists; Board of Opticians; Board of Examiners in Optometry; Board of Osteopathic 
Examination and Registration; Board of Pharmacy; Board of Examiners of Plumbing and Heating 
Contractors; Board of Podiatry; Board of Practicing Counselors; Board of Practicing Psychologists; 
Board of Professional Engineers and Land Surveyors; Board of Refrigeration Examiners; Board of Sa- 
nitarian Examiners; Certification Board for Social Work; Board of Examiners for Speech, Language 
Pathologists and Audiologist; Medical Board for Veterinary. 



545 NOR TH CAROLINA REGIS TER 



PROPOSED RULES 



TITLE 2 - DEPARTMENT OF 
AGRICULTURE 

lyotice is hereby given in accordance with G.S. 
I SOB- 12 that the N.C. Board of Agriculture in- 
tends to amend rule(s) cited as 2 NCAC 43L 
.0202; 48A .0603, .0611; 52B .0101, .0209; 52C 
.0101, .0/05; and adopt rule(s) cited as 2 NCAC 
52A .0011. 

1 he proposed effective date of this action is De- 
cember I, 1989. 

1 he public hearing will be conducted at 10:00 
a.m. on September 18, 1989 at Conference Room, 
L. Y. Ba/lentine Bldg., 2/09 Blue Ridge Rd., Ra- 
leigh, NC 27612. 



Co 



- omment Procedures: Interested persons may 
present statements either orally or in writing at the 
public hearing or in writing prior to the hearing 
by mail addressed to David S. McLeod, Secretary 
of the North Carolina Board of Agriculture, P.O. 
Box 27647, Raleigh, NC 27611. 

CHAPTER 43 - MARKETS 

SUBCHAPTER 43L - MARKETS 

SECTION .0200 - FEES: CHARLOTTE 
FARMERS' MARKET 

.0202 GATE FEES 

The following gate fees shall be paid upon en- 
tering the market: 
(1) Retail Shed A 

(a) May March through September October 

(b) April, October, November December 
through February 

(e) January, February, March 



Day 

urn $5.oo 

2 QQ 



Week 

$16.00 $20.00 



4.00 



(2) Retail Building Buildings Band C 

(a) April March through September 

(b) October through March February 



Day 

$^QQ6.00 

zm 6.oo 



Week 

30M 25.00 
20.00 



Statutory Authority G.S. 106-22; 106-530. 

CHAPTER 48 - PLANT INDUS FRY 

SUBCHAPTER 48A - PLANT PROTECTION 

SECTION .0600 - BOLL WEEVIL 

.0603 CONDITIONS GOVERNING THE 
MOVEMENT OF REGULATED 
ARTICLES 

The following conditions govern the movement 
of regulated articles: 

(1) A certificate or permit is required to trans- 
port regulated articles from a regulated area 
into or through any elimination zone in this 
state. except that- articles may be trans 
portod from South Carolina i»k» the south 
em e limination i'.on e without a permit. 

Statutory Authority G.S. 106-65.77; 106-65.91. 

.061 1 REQUIREMENTS FOR PROGRAM 
PARTICIPATION 

All cotton farm operators in the state are hereby 
required to participate in the eradication pro- 
gram. Participation shall include timely report- 
ing of acreage and field locations, compliance 
with regulations, and payment of fees. Farm 
operators within the elimination zone, shall be 
notified through the extension offices or newspa- 
pers of their program costs on a per acre basis 
on or before March 15. The following proce- 
dures are required for participation in the pro- 
gram: 

(1) Filling out a Cotton Acreage Reporting 
Form at the ASCS office by July 1 of the 
current growing season for which partic- 
ipation is desired. At this time the farm 
operator shall pay a nonrefundable fee in an 
amount sufficient to cover estimated pro- 
gram costs as determined by the Commis- 
sioner, but not to exceed six dollars ($6.00) 
per acre. Those farm operators not report- 
ing their acreage by July 1 will not be con- 
sidered as program participants. All acreage 
reported by such nonparticipants after July 
1 will be considered in excess and subject to 
penalty. 

(2) All fees shall be paid by the farm operator. 
Fees shall be made payable to and collected 
by ASCS. 

Farm operators in the elimination zone whose 
ASCS measured acreage exceeds the grower re- 
ported acreage by more than ten percent, shall 
be assessed a penalty fee of five dollars ($5.00) 
three dollars ($3.00) per acre on that acreage in 
excess of the reported acreage. Aw p e rson 



NORTH CAROLINA REGISTER 



546 



PROPOSED RULES 



whos e report L ' d aefeage exceeds to© ASCS mwa 
ur e d aefeage by- more than tew- percent ttoe to 
emergency «* hardship conditions may apply tof 
* waiver. 

A farm operator may apply for a waiver re- 
questing delayed payment under conditions of 
financial hardship. Any farm operator applying 
for a waiver shall make application in writing to 
the Plant Pest Administrator, stating the condi 
tions under which he requests such waiver. 
Waiv e r requests involving financial hardship This 
request must he accompanied by a financial 
statement from a bank or lending agency sup- 
porting such request. All farm operators granted 
waiver requests for financial hardship will be 
charged interest payable at a rate equal to 15 
percent per annum. The decision whether or not 
to waive all or part of these requirements shall 
be made by the Plant Pest Administrator and 
notification given to the farm operator within 
two weeks after receipt of such application, ©e- 
cision shall be based »» the following: meteo 
rological conditions, economic conditions, an4 
cH+y other uncontrollable d e structive forc e s. 

Failure to pay all remaining fees or file a com- 
pleted waiver request for delayed payment on or 
before luly 15 of the current growing season will 
result in a penalty fee of te» dollars (% 10.00) five 
dollars ($5.00) per acre. If a waiver is granted 
payment shall be due at the time the cotton is 
sold, or bv November 15, whichever is sooner. 



Failure by a farm operator to pay- all program 
costs a* to rtoly- 44 e+ upon notification e£ ASCS 
measured acreage, whichever is later, shall be a 
violation to" tot* S e ction. '-The farm operator 
when found to violation to tot* Section afto upon 
notification shall compl e t e ly destroy all cotton 
Hto found to be to compliance with toe pro 
visions to tot* Section. If such farm operator 
ftol* to comply with th e s e R e gulations, toe 
Commissioner to" Agriculture, through hi* dtoy- 
authorized agents, shall proceed to destroy such 
cotton to accordance with toe provisions to" A-f- 

t :.'!.. A -..^. I \ .-f ;.~1,. 1 £ j_v£ f^U...-.* ,.- 1 O/^ ^f tin, \'.,hU 

1 1 1. 1 1- 1 ~ PTTTTT i II I IL 1U . ' ' ' I ' I ^ I I II I ' I L 1 I'll! I } 1 1 1 11. . ' I ' I I 1 I 

Carolina General Statutes. 

Acreage subject to hardship conditions after all 
t-he growers shar e to toe program hav e been j*at4 
atto prior to toe initiation to program fiekl oper 
at ions may be considered tof a refund. T-he Fe- 
lund amount w-ill be determined by toe actual 

\~\ pi u ti' ' i f i"i i i • * » I \\t a 1 1 t ■ h i li •> i j i ^i^^4 f 1 1 ^ * *. ^^i ^^^^^^^^^^^^^^^ 
i • i ". ' i.1 II 1 I I C17oi |'\. I III I \- I " * I 1 I v- 1 1 1 I I w TTT llLMU.'lIll'. 

Statutory Authority G.S. 106-65.74; 106-65.77; 
106-65.88; 106-65.91. 

CHAPTER 52 - VETERINARY DIVISION 



SUBCHAPTER S2A - RULES AND 
REGULATIONS ADOPTED BY REFERENCE 

.0011 PSEUDORABIES PROGRAM 

The North Carolina Pseudorabies Program, as 
promulgated by the Swine Diseases Committee, 
is hereby adopted by reference in accordance with 
G.S. 150B- 14(c). 

Statutory Authority G.S. 106-307.3 through 106- 

307.5. 

SUBCHAPTER 52B - ANIMAL DISEASE 

SECTION .0100 - ANIMAL DISEASE: 
QUARANTINE 

.0101 QUARANTINE NOTICES 

(d) Written permits to move poultry or other 
animals which are affected with or exposed to a 
contagious and/or infectious disease or which 
originate in a quarantined area, into North Ca- 
rolina may be issued by the State Veterinarian 
or his authorized representative under the fol- 
lowing conditions: 

(1) The animals or poultry are to be used for 
research purposes under conditions which 
will prevent exposure to other livestock 
and poultry; 

(2) Animals affected with or exposed to bru- 
cellosis, tuberculosis, and or other dis- 
eases designated by the State Veterinarian 
which are consigned to a state or federal 
inspected slaughter house for immediate 
slaughter; such livestock shall be identified 
in a manner acceptable to the State Vet- 
erinarian or his authorized representative; 

[3] For the movement of swine in accordance 
with the North Carolina Pseudorabies 
Program. 

Statutory Authority G.S. 106-307.3 through 106- 
307.5. 

SECTION .0200 - ADMISSION OF LIVESTOCK 
TO NORTH CAROLINA 

.0209 IMPORTATION REQUIREMENTS: 
SHEEP 

(c) Unless waived by the State Veterinarian, 
sheep for purposes other than immediate slaugh- 
ter that have not been dipped in accordance with 
the regulations of the Animal and Plant Health 
Inspection Service, Veterinary Services, United 
States Department of Agriculture may not be 
imported into the state. While in transit they 
shall be accompanied by a certificate of such 
dipping. The requirements for dipping will be 
waived when it can be determined that the sheep 



547 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



will be isolated from other animals at the North 
Carolina destination until dipped. 

Statutory Authority G.S. 106-307.5. 

SUBCHAPTER 52C - CONTROL OF 

LIVESTOCK DISEASES: MISCELLANEOUS 

PROVISIONS 

SECTION .0100 - DISEASED AND DEAD 
ANIMALS 

.0101 TRANSPORTATION OK INFECTED 
ANIMALS 

Permits will be issued by the State Veterinarian 
to sell or transport on the public roads of the 
state animals affected with a contagious or infec- 
tious disease under the following circumstances: 
(4) Permits may be issued for the movement 
of swine in accordance with the North Ca- 
rolina Pseudorabies Program. 



Statutory Authority G.S. 106-22(3); 106-400. 

.0105 PSEUDORABIES STATUS AND 
TESTING 

(a) Feeding and breeding swine may not be 
transported on any public road or held in any 
public place unless accompanied by a written 
permit from the State Veterinarian or proof sat- 
isfactory to the State Veterinarian that: 

(1) No pseudorabies vaccine has been used in 
the herd of origin, unless the herd is a 
pseudorabies Controlled Vaccinated herd 
as defined in Title 9, Part 85.1 of the Code 
of Federal Regulations, or a pseudorabies 
monitored vaccinated herd or unless the 
use of vaccine has been approved under 
the North Carolina Pseudorabies Pro- 
gram: and 

(2) The swine were tested and found negative 
for pseudorabies within 30 days prior to 
movement; or 

(3) The swine originated from a pseudora- 
bies-free area as determined by the State 
Veterinarian; or 

(4) The swine originated from a Qualified 
Pseudorabies Negative Herd as defined in 
Title 9, Part 85 of the Code of Federal 
Regulations; or 

(5) The swine originated from a monitored 
feeder pig herd. For the purposes of this 
Rule, in order to qualify as a monitored 
feeder pig herd, testing must have been 
performed in accordance with the follow- 
ing standards: 

(A) In herds of ten or fewer breeding swine, 
all breeding swine must test negative 
within 12 months prior to movement. 



(61 



(B) In herds of 1 1 to 35 breeding swine, ten 
randomly selected breeding animals, (to 
include gilts, sows and boars) must test 
negative within 12 months prior to 
movement. 

(C) In herds of more than 35 breeding 
swine, either 30 or 30 percent of the total 
herd, whichever is less, randomly selected 
breeding gilts, sows and boars must test 
negative within 12 months prior to 
movement. 

(D) All breeding gilts, sows and boars in a 
herd shall be subject to random selection 
for testing. 

(E) Testing must be done by use of an of- 
ficial pseudorabies test, as defined in Title 
9, Part 85 of the Code of Federal Regu- 
lations; or 

The swine are being transported or held 
in accordance with the North Carolina 
Pseudorabies Program. 



Statutory Authority G.S. 106-22(3); 106-400.1. 

TITLE 7 - DEPARTMENT OF CULTURAL 
RESOURCES 

Ivotice is hereby given in accordance with G.S. 
1 SOB- 12 that Cultural Resources; USS North Ca- 
rolina Battleship Commission intends to amend 
rule(s) cited as 7 NCAC 5 .0203 - .0204. 

1 he proposed effective date of this action is 
January 1, 1990. 

1 he public hearing will be conducted at 10:00 
a.m. on September 14, 1989 at Admiral's Cabin, 
USS North Carolina Battleship Memorial, Eagle 
Island, Wilmington, North Carolina. 



Co 



omment Procedures: Data, opinions and ar- 
guments concerning this rule must be submitted 
by September 14, I9S9 to the Director, USS 
North Carolina Battleship Memorial, Post Office 
Box 417, Wilmington, North Carolina 28402. 

CHAPTER 5 - L.S.S. NORTH CAROLINA 
BATTLESHIP COMMISSION 

SECTION .0200 - USE REGULATIONS 

.0203 ADMISSION PRICES 

(a) The admission price for the Battleship 
U.S.S. North Carolina is fow dollaro ($1.00) five 
dollars (S5.00) for adults age 12 and over, twe- 
dollaro ($2.00) two dollars and fifty cents ($2.50) 
for children age 6 through 1 1, wh* dollar ($1.00) 



NORTH CAROLINA REGISTER 



548 



PROPOSED RULES 



one dollar and twcntv-five cents (SI. 25) per stu- 
dent tor organized school groups in grades kin- 
dergarten through 6, and Hw dollars ($2.00) two 
dollars and fifty cents ($2.50) per student for or- 
ganized school groups in grades 7 through 12. 

(b) There is no charge for children under 6. 

ic) Classroom teachers, aides, and chaperones 
accompanying students in class field trips will be 
admitted without charge at the rate of 1 
teacher aide chaperone for each 20 students. 

(d) Tour groups under auspices of bona fide 
travel agents will be offered a 44 20 percent dis- 
count. Tour directors and drivers will be admit- 
ted without charge. 

(e) Any organized groups of 20 or more will 
be offered a 10 percent discount when tickets are 
purchased by a single source. 

Statutory Authority G.S. 143-362; 143B-73. 

.0204 SOUND AND LIGHT SHOW 

(a) The admission price for the sound and light 
show at the Battleship L'.S.S. North Carolina is 
three dollar: . ($.1.00) three dollars and fiftv cents 
I $3.50) for adults age 12 and over and »fh? dollar 
rt++4 W+v cent ;. ($1.50) one dollar and seventy-five 
cents ($1.75) for children age 6 through 1 1. 

(b) There is no charge for children under 6 
years of age. 

(O Tour groups under the auspices of bona fide 
travel agents will be offered a 44 20 percent dis- 
count. Tour directors and drivers will be admit- 
ted without charge. 

(d) Any organized group of 20 or more will be 
offered a 10 percent discount when tickets are 
purchased by a single source. 

Statutory Authority G.S. 143-362; 143B-73. 

TITLE 10 - DEPARTMENT OF HUMAN 
RESOURCES 



i V otice is hereby gh-en in accordance with G.S. 
I SOB- 1 2 that the Water Treatment Facility Oper- 
ators Board of Certification intends to amend rule 
cited as 10 NCAC 10E .0304. 

I he proposed effective date of this action is De- 
cember I. I9S9. 

1 he public hearing will be conducted at 9:00 
a.m. on September 14. 1989 at Jane S. McKim- 
mon Center, N.C. State Unh-ersity, Western Bou- 
levard. Raleigh. S.C. 



P.O. Box 2091, Raleigh, S.C. 27602, telephone 
(919) 733-0379. Written comments may be sub- 
mitted to the above address 30 days prior to the 
public hearing. Written and oral comments may 
also be presented at the public hearing. Sotice 
of an oral presentation must be given to the above 
address at least 3 days prior to the public hearing. 

CHAPTER 10 - HEALTH: ENVIRONMENTAL 
HEALTH 

SUBCHAPTER I OF. - WATER TREATMENT 
FACILITY OPERATORS 

SECTION .0300 - APPLICATIONS AND FEES 

.0304 FEE SCHEDl LE 

(d) The cost of the annual certification renewal 
shall be t*» dollar? , ($10.00). fifteen dollars 
($15.00). Renewal fees shall be payable the first 
of each year, upon receipt ef a notice from A# 
secretary treasurer ef t4*i? board. 

Statutory Authority G.S. 90A-27. 



No 



otice is hereby given in accordance with G.S. 
I SOB- 12 that the Department of Human 
Resources Division of Medical Assistance intends 
to amend rules cited as 10 SCAC 2611 .0303. 



1 he proposed effective date of this action is De- 
cember 1. 19S9. 

1 he public hearing will be conducted at 1:30 
p.m. on September 14. 19S9 at Sorth Carolina 
Division of Medical Assistance, 19SS L'mstead 
Drive, Room 201, Raleigh, Sorth Carolina 27603. 



Co 



Co 



omment Procedures: Any person requiring in- 
formation may contact: Mr. John C. McFadyen, 



omment Procedures: Written comments con- 
cerning this amendment must be submitted by 
September 14, 19S9, to: Director, Division of 
Medical Assistance, 19SS L'mstead Drive. Ra- 
leigh, SC 27603. Oral comments may be pre- 
sented at the hearing. In addition, a fiscal impact 
statement on this rule amendment is available 
upon written request from the same address. 

CHAPTER 26 - MEDICAL ASSISTANCE 

SLBCHAPTER 26H - REIMBURSEMENT PLANS 

SECTION .0300 - ICF-MR PROSPECTIVE RATE 
PLAN 

.0303 METHODS AND STANDARDS FOR 
DETERMINING RATES 



S49 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



(e) If allowable costs are less than prospective 
payments during a cost reporting period, a pro- 
vider may retain one-half of the difference be- 
tween costs and payments, up to an amount of 
»f» dollar ($1.00) five dollars ($5.00) per patient 
day. The balance of unexpended payments must 
be refunded to the Division of Medical Assist- 
ance. 

Authority G.S. 10SA-2S(b); 108A-54; 10SA-55; 
S.L. 1985, c. 479, s. 86; 42 C.F.R. Part 447 Sub- 
part C. 

****************** 



lyotice is hereby given in accordance with G.S. 
1 SOB- 1 2 that the Department of Human 
Resources! Division of Medical Assistance intends 
to amend rule cited as 10 NCAC 50B .03/3. 

1 he proposed effective date of this action is De- 
cember 1, 1989. 

1 he public hearing will be conducted at 1 :30 
p.m. on September 14, 1989 at North Carolina 
Division of Medical Assistance, J 985 Umstead 
Drive, Room 201 , Raleigh, North Carolina 27603. 



Cc 



■ omment Procedures: Written comments con- 
cerning this proposed amendment must be sub- 
mitted by September 14, 1989, to: Division of 
Medical Assistance, 1985 Umstead Drive, Ra- 
leigh, NC 27603, ATTN: Bill Hottel, A PA Co- 
ordinator. Oral comments may be presented at 
the hearing. In addition, a fiscal impact statement 
is available upon written request from the same 
address. 

CHAPTER 50 - MEDICAL ASSISTANCE 

SUBCHAPTER SOB - ELIGIBILITY 
DETERMINATION 



of household expenses. The one-third 
reduction does not apply to children un- 
der nineteen years of age, living in the 
home of their parents; 
(2) A» individual living i» a long torm 6af© fo- 
cility &f othor modieal institution » al- 
lowod a twenty five - dollar ($25.00) 
income lovol, an4 a couplo in- tfte oamo 

t-r^L i"t m ■ «-i ^ Innrt + r\ «-»yi i"ii-n I'Wilili I i Cj ' | 1 1 ."Y i 1 rn si 

rTTTTTTT 11 1 CT l\t I IS LI 1 111 CTTT^ 1UL IIH I r^ HI I \r » ' DO 

a fifty dollar ($50.00) income) lovol; When 
calculating the patient liability of a client 
in a long term care facility or other med- 



ical institution under Rule .0407 of this 
Subchapter, deduct from total income an 
amount for personal needs equal to thirty 
dollars ($30.00) per month for a single in- 
dividual and sixty dollars ($60.00) per 
month for a couple living in the same 
room; 
(3) Individuals who am* m a long torm eafe fo- 

e* toss ape allowed the incom e lovol pro 
vidod by otntuto » addition te the twon 
ty fiv e defef ($25.00) Iwek When 
calculating the patient liability of a client 
in a long term care facility or other med- 
ical institution under Rule .0407 of this 
Subchapter, deduct from total income, in 
addition to the amount for personal needs 
deducted under Paragraph (d)(2) of this 
Rule, an amount equal to the income 
level provided by statute. 

Authority G.S. 108A-25(b); 108A-61; 42 C.F.R. 
435.73 J; 42 C.F.R. 435.732; 42 C.F.R. 435.733; 
42 C.F.R. 435.81 J; 42 C.F.R. 435.812; 42 C.F.R. 
435.831; 42 C.F.R. 435.832; 42 C.F.R. 435.833; 
42 C.F.R. 435.1007; 45 C.F.R. 233.20; P.L. 99- 
272; Section 12202; P.L. 100-360, Section 
4U(n). 

****************** 



SEC HON .0300 - CONDI! IONS FOR 
ELIGIBILITY 

.0313 INCOME 

(d) Income levels for purposes of establishing 
financial eligibility are those amounts approved 
by the N.C. General Assembly and stated in the 
Appropriations Act for categorically needy and 
medically needy classifications, except for the 
following: 

(1) The income level is reduced by one-third 
when an aged, blind or disabled individual 
lives in the household of another person 
and does not pay his proportionate share 



iV oticc is hereby given in accordance with G.S. 
150B-I2 that the Department of Human Re- 
sources - Social Services intends to amend rules 
cited as 10 NCAC 42P .0201, .0401 - .0404. 

1 he proposed effective date of this action is De- 
cember I, 1989. 

1 he public hearing will be conducted at 10:00 
a.m. on September 20, 1989 at Disability Deter- 
mination Senices B/dg., 321 Chapanoke Road, 
Raleigh, NC 27603. 



NORTH CAROLINA REGISTER 



550 



PROPOSED RULES 



K^omment Procedures: Any interested person 
may present his/her views and comments either in 
writing or orally at the hearing. Any person may 
request information, permission to be heard or 
copies of the proposed regulations by writing or 
calling Donna A . Creech, 325 N. Salisbury Street, 
Raleigh, NC 27611. 919/733-3055. 

CHAPTER 42 - INDIVIDUAL AND FAMILY 
SUPPORT 

SUBCHAPTER 42P - CHORE SERVICES 

SECTION .0200 - DEFINITIONS 

.0201 DEFINITIONS 

As used in this Subchapter, the following terms 
have the meanings specified: 

(1) "Available Person" is someone who lives 
with or near enough to the client and who 
has the time and is willing to perform the 
needed services. 

(2) "Relative", for purposes of this service, 
means a parent, spouse, or child or sibling 
over the age of 18 years. 

(3) "Responsible Person" is someone who is 
capable of and dependable enough to per- 
form the needed service for the client. 

(4) "Own Home" means that the service re- 
cipient is living in a residence he maintains 
for himself or is maintained for him. Own 
home does not include any group care. 

(5) "Tasks Essential to the Activities of Daily 
Living" means those activities which are 
appropriate and necessary to be performed 
in order for the service recipient to remain 
and function in his own home. 

f6} "Specialist" fof this service may include 
h»t is Ret limited to the following: registered 
nurs e , physical therapist, spooch pathologist, 
dietitian, nutritionist ef occupational thera 
pistr 4Ae torm, spocialiot, refers to a person 
whoso duties require professional education 
ef training and/or a period ef apprenticeship 
and; or a liconso. U a specialist such as a 
registered nuroo is e mployed as a choro p*e- 

IJij^^^^ ol^^ r-n -i i | 1^^ ^i».i Till ' rnr 4nrl.T «-* r-t «- 

* IUVI , J l IV I [IUT W UU1U \J I II T I \Jt EEKXKO I ^.T 

form e d which faU within the scop e ef the 
definition ef chore services a&4 afe specified 
m the agreement fof chore services. 
{3} (6) "Transportation to Essential Service 
Facilities and Resources" means that if a 
chore provider performs tasks which require 
transporting the recipient, it is permissible 
for the provider to do so; however, such 
transportation must be limited to making 
accessible essential service facilities and re- 



sources; e.g., hospital, doctor's office, gro- 
cery store, etc. 
£8) (7) "Custodial Supervision" is oversight of 
the service recipient which maintains and 
protects his well-being. 
(9} [8] "Aged" means age 60 years or older. 

f+0> (9} "Disabled" means unable to engage in 
any substantial activity necessary for self- 
care or self-support by reason of a medically 
determined physical or mental impairment. 

f44} ( 10) Primary "Caregiver" for purposes of 
the non-institutional respite care compo- 
nent, is the person who voluntarily provides 
the most care or assumes the most respon- 
sibility for another person. 

(+3} (1 1) "Administering Agency" is the organ- 
izational unit responsible for provision of 
chore services in accordance with the rules 
set forth in this Subchapter. The adminis- 
tering agency may be the county department 
of social services or another local or state 
agency to which provision of the service is 
contracted. 

Statutory Authority G.S. I43B-153. 

SECTION .0400 - SERVICE PROVISION: 
MAXIMUM ALLOWANCE OF PAYMENT 

.0401 GENERAL POLICY 

(c) Regardless ef the method ef provision, the 

i" • i I . i Lii »-»-ii t i ■■ nit r \~k r\ I I li^ r\ j-> IflBfl tlrlrt *1mi r- i Q t rt 

minimum wage phis the e mployer's share ef ap- 
pli cable federal a«4 state taxes. ¥he payment 
Fate includes the eest ef travel involved i» f<*r- 
ning e rrands a&4 transporting chentc as specified 
fo 4-0 NCAC i5& .0312. Chore services must be 
provided by staff who meet the qualifications es- 
tablished bv the North Carolina Office of State 
Personnel. 



(4) Whon a chor e provider servos moro than 

Ul IV I r \- 1 W 1 1 ITT ^^TV ^C^TTT^ rT^^TTTC"7 rT r^ t^wITTTT^^TTTT^ 1 \_f I 

the paym e nt fate to he available fof e ach cli e nt. 
The administering agency determin es whon the 
service is mutually beneficial an4 when it is Ret? 

(e} (d| Responsibilities of the administering 
agency, chore provider and client under each 
method of provision are set forth in policy ma- 
terial issued by the division which is available in 
accordance with 10 NCAC 35A .0003. 

(f} (e) Relatives may be paid as chore providers 
only if it becomes necessary for them to give up 
employment in order for them to provide chore 
services. 

Statutory Authority G.S. 143B-153. 

.0402 DIRECT PROVISION 



557 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



County departments of social services may em- 
ploy chore services providers as members of their 
staff to perform tasks in accordance with 10 
NCAC 35E .0312 and the rules of this Subchap- 
ter. Chore services providers are subject to the 
provisions of the State Personnel Act and to ap- 
plicable personnel policies of the county in which 
they are employed. Choro providers may be 
employed e» a temporary basis as flat- rate ex- 
empt- employees »* ©» a permanent basis as sal- 
aried employees. Responsibility for the selection, 
training, assignment to clients, supervision and 
discharge of temporary an4 permanen t employ 
ees as chore providers rests with the county de- 
partment of social services. 

Statutory Authority G.S. 143B-I53. 

.0403 CASH PAYMENT METHOD 

(a) Chore services may be provided through a 
cash payment made to an eligible client as re- 
imbursement for services he has received and for 
which he has paid. County department of social 
services may make cash advances to eligible cli- 
ents but may not claim reimbursement from 
federal/state funds until a receipt is provided by 
the client documenting that the service has been 
delivered and paid for. 

(b) The cash payment method of provision is 
utilized only in accordance with the following 
arrangements: arrangement: 

(1) fo situations where the client »f a respon 
si bio person designated by the client is 
capable a«4 willing, responsibility fof the 
selection a«4 supervision »f the choro 
provider aft4 management »f applicablo 
employer related responsibilities rosts with 
the client &t h+s designated rosponsiblo 
person. Under th+s arrangement, the 
county department e£ social s e rvices may- 
assist the client m completing em4 man 
aging the paperwork associated wttk 
meeting applicablo employer related re- 
sponsibilitios. The client, or a person de- 
signated bv the client, is capable and 
willing to be responsible for hiring, firing, 
and supervising the chore provider and for 
carrying out other applicable emplover- 
related responsibilities. 

the criteria set forth m (b)(1) ef this Rul e , 
the county department ef social services 
is rosponsiblo fof the s e l e ction, training, 
a«4 supervision »f the choro provider a«4 
fof mooting afl applicablo employer re 
latcd responsibilitos »» the client's behalf. 
The levels of tasks performed bv the chore 
provider do not require supervision bv a 



registered nurse or another professional 
with skills appropriate to the task being 
performed for the client. 
(3) The client, or a person designated by the 
client, provides certification to the admin- 
istering agency, that the training require- 
ment for chore providers has been met. 

Statutory Authority G.S. I43B-153. 

.0404 PURCHASE OF SERVICE CONTRACT 
METHOD 

Chore services may be purchased from another 
agency ef individual provider under a purchase 
of service contract in accordance with rules set 
forth in 10 NCAC 36. 

Statutory Authority G.S. 143B-I53. 

****************** 



IVotice is hereby given in accordance with G.S. 
1 SOB- 1 2 that the Department of Human 
Resources Governor 's Waste Management Board 
intends to repeal rule(s) cited as 10 NCAC 48 A 
.0101 - .0105, .0107 - .0108, .020/ - .0204, .0301 
- .0303; and adopt rule(s) cited as 10 NCAC 48 A 
.0401 - .0414, .0501 - .0514. 

1 he proposed effective date of this action is De- 
cember 1, 1989. 

1 he public hearing will be conducted at 10:00 
a.m. on September 21, 1989 at Ground Floor 
Hearing Room, Archdale Building, 512 N. Salis- 
bury Street, Raleigh, North Carolina 2761 1 . 



Co 



■ omment Procedures: Written comments con- 
cerning these rules must be submitted by Septem- 
ber 20, 1989, to: Executive Director, Governor's 
Waste Management Board, 325 N. Salisbury 
Street, Raleigh, North Carolina 27611. Oral 
comments may be presented at the hearing. In 
addition, a fiscal impact statement on the ride 
adoptions are available upon written request from 
the same address. 

CHAPTER 48 - GOVERNOR'S WASTE 
MANAGEMENT BOARD 

SUBCHAPTER 48A - RULES OF PROCEDURE 

FOR IMPLEMENTING THE LIMITED 

PREEMPTION PROCESS 

SECTION .0100 - GENERAL RULES FOR 

IMPLEMENTING THE PREEMPTION 

PROCESS 



NORTH CAROLINA REGISTER 



552 



PROPOSED RULES 



.0101 PURPOSE (REPEALED) 
.0102 DEFINITIONS (REPEALED) 
.0103 STANDING TO PETITION THE 

BOARD (REPEALED) 
.0104 GROUNDS FOR PETITION 

(REPEALED) 
.0105 NOTICE OF PETITION 

(REPEALED) 

Statutory Authority G.S. 104E-6.2; 130A-293; 
143B-216. 13(14). 

.0107 PUBLIC HEARING TO BE HELD 

(REPEALED) 
.0108 CONDUCT OF THE HEARING 

(REPEALED) 

Statutory Authority G.S. I04E-6.2; I30A-293; 
143B-216. 13(11); 143B-216. 13(14). 

SECTION .0200 - PREEMPTION PROCESS: 
LOW-LEVEL RADIOACTIVE WASTE FACILITY 

.0201 RESPONSE TO NOTICE OF 

PETITION (REPEALED) 
.0202 THE BOARD'S RECOMMENDATIONS 

TO THE GOVERNOR (REPEALED) 
.0203 GOVERNOR'S DECISION 

(REPEALED) 
.0204 APPEAL OF THE GOVERNOR'S 

DECISION (REPEALED) 



Statutory Authority 

143B-216. 13(14). 



G.S. 



104E-6.2; 



SECTION .0300 - PREEMPTION PROCESS: 
HAZARDOUS WASTE FACILITY 

.0301 RESPONSE TO NOTICE OF 

PETITION (REPEALED) 
.0302 THE BOARD'S DECISION 

(REPEALED) 
.0303 APPEAL OF THE BOARD'S 

DECISION (REPEALED) 



Statutory Authority 

I43B-216. 13(14). 



G.S. 



130.4-293; 



SECTION .0400 - PREEMPTION PROCESS: 
LOW-LEVEL RADIOACTIVE WASTE FACILITY 

.0401 PURPOSE: GENERAL PRINCIPLES 

The purpose of these Rules is to establish pro- 
cedures to be used by the Governor's Waste 
Management Board in reviewing petitions for 
limited preemption of a local ordinance pursuant 
to the authority set forth in G.S. 104E-6.2. Go- 
verned by the principles of fairness, uniformity, 
and punctualitv, the following general rules ap- 
ply: 

( 1 ) Every document filed with the Board shall 
be signed by the person who prepared the 



(2) 



document, shall contain his name, address 
and telephone number, and shall indicate the 
individual or group represented, if applica- 
ble. 

The rules of statutory' construction con- 
tained in Chapter 12 of the General Statutes 
shall be applied in the construction of these 
rules. 



Statutory A uthority 

143B-216. 13(14). 



G.S. 



104E-6.2; 



.0402 DEFINITIONS 

As used in these Rules: 

(1) "Authority" means the North Carolina 
Low-Level Radioactive Waste Management 
Authority established pursuant to Chapter 
104G of the General Statutes. 

{2) "Board" means the Governor's Waste 
Management Board established pursuant to 
Part 27 of Article 3 of Chapter 143B of the 
General Statutes. 

(3) "Chairman" means the Chairman of the 
Board. 

(4) "City" means a municipal corporation de- 
fined by G.S. 160A-1. 

(5) "Commission" means the North Carolina 
Radiation Protection Commission estab- 
lished pursuant to Chapter 104E of the 
General Statutes. 

(6) "Countv" means anv one of the counties 
listed in G.S. 153A-10.' 

(7) "Days" means calendar days. 

(8) "Facility" means any low-level radioactive 
waste facility as defined in G.S. 104E-5(9b), 
that is either proposed, under construction, 
or operational. 

(9) "File" or "Filing" means to place the paper 
or item to be filed into the care and custody 
of the Executive Director of the Board, and 
acceptance thereof by him. All documents 
filed with the Board, except exhibits, shall 
be in letter size 8 Vz "by 11 ". 

(10) "Non-party" means any person who is not 
a party. 

(11) "Operator" means the person employed 
by the authority pursuant to G.S. 104G-10. 

(12) "Ordinance" means a local ordinance, re- 
solution or other action by a county, city, 
town or other unit or agency of local gov- 
ernment including health, environmental or 
land use regulations; taxes; fees or charges. 

(13) "Party" means the person who submits a 
petition, or the city or county that adopted 
the ordinance that is the subject of the peti- 
tion. 

(14) "Person" means an individual; corpo- 
ration; company; association; partnership; 



553 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



unit of government, agency, authority or 
commission at the local, state or federal 
level; or other legal entity. 
(15) "Service" or "Serve" means personal de- 
livery or, unless otherwise provided by law 
or rule, delivery by first class United States 
Postal Service mail or a licensed overnight 
express mail service, postage prepaid and 
addressed to the party at his or her last 
known address. Service on the Board means 
personal delivery, or unless otherwise pro- 
vided by law or rule, delivery by first class 
United States Postage Service mail or a li- 
censed overnight express mail service, post- 
age prepaid and addressed to the Executive 
Director, Governor's Waste Management 
Board, 325 N. Salisbury Street, Raleigh, 
N.C. 2761 1. A Certificate of Service by the 
person making the service shall be appended 
to every document requiring service under 
these rules. Service by mail or with licensed 
overnight express mail is complete upon 
placing the item to be served, enclosed in a 
wrapper addressed to the person to be 
served, with sufficient postage affixed, in an 
official depository of the United States Pos- 
tal Service or upon delivery, postage prepaid 
and wrapped in a wrapper addressed to the 
person to be served, to an agent of the ov- 
ernight express mail service. 



Statutory Authority 

I43B-2I6. 13(14). 



G.S. 



104E-6.2; 



.0403 GROUNDS FOR PETITION 

(a) The grounds for petitioning the Board to 
preempt an ordinance are: 

(1) That there is an ordinance applicable to a 
facility which would prohibit or have the 
effect of prohibiting the establishment or 
operation of a facility; 

(2) That the proposed facility is needed in 
order to establish adequate capability for 
the management of low-level radioactive 
waste and therefore serves the interests of 
the citizens of the state as a whole; 

(3) That all legally required state and federal 
permits or approvals have been issued by 
the appropriate state and federal agencies 
or that all state and federal permit re- 
quirements hrve been satisfied and that 
the permits or approvals have been denied 
or withheld only because of the ordinance; 

(4) That local citizens and elected officials 
have had adequate opportunity to partic- 
ipate in the siting process; and 

(5) That the construction and operation of a 
facility will not pose an unreasonable 



health or environmental risk to the sur- 
rounding locality and that the facility op- 
erator, or authority has taken or 
consented to take any reasonable meas- 
ures to avoid or manage foreseeable risks 
and to comply to the maximum feasible 
extent with any applicable ordinance, 
(b) Factors that may be considered in deter- 
mining whether an ordinance would prohibit or 
have the effect of prohibiting the establishment 
or operation of a facility include: 

(1) That any legally required local permit, li- 
cense, certification or other form of per- 
mission to initiate or continue 
establishment or operation of the facility 
has been granted by the city or county 
with conditions that in effect prevent es- 
tablishment or operation; 

(2) That any legally required local permit, li- 
cense, certification or other form of per- 
mission to initiate or continue 
establishment or operation of the facility 
has been withheld by the city or county 
for any unreasonable time so as to con- 
stitute denial; 

(3) That compliance with the ordinance is so 
economically burdensome beyond what is 
necessary to protect the public health and 
safety as to make it impracticable for the 
facility to be established or operated; 

(4) That the petitioner has exhausted any ap- 
peal procedures provided by the ordi- 
nance, or that despite his good faith efforts 
to appeal as provided by such ordinance, 
the city/county has been responsible for 
such unreasonable delay as to effectively 
constitute denial; and 

(5) Any other grounds constituting a basis for 
relief under G.S. 104E-6.2. 



Statutory Authority 

143B-2I6. 13(14). 



G.S. 



104E-6.2; 



.0404 COMMENCEMENT OF PROCEEDINGS 

(a) A proceeding before the Board is com- 
menced by the filing of a petition by the Au- 
thority or the operator in accordance with G.S. 
104E-6.2 together with a Certificate of Service 
establishing service of a copy of the petition on 
each city and county in which any portion of the 
facility is or is to be located. 

(b) The petition shall contain: 

(1) The name, address and telephone number 
of the petitioner, and the names of the city 
and county in which the facility is or is to 
be located; and 

(2) A short plain statement of facts and issues 
which addresses all grounds covered in 



NORTH CAROLINA REGISTER 



554 



PROPOSED RULES 



Rule .0403 of this Section. Such state- 
ment shall specifically include a de- 
scription of: 

(A) The action giving rise to the petition; 

(B) The ordinance, or a certified copy of the 
ordinance if available; 

(C) The effect of the ordinance on the fa- 
cility's establishment or operation, speci- 
fying those provisions of the ordinance 
alleged to prevent the establishment or 
operation of the facility; 

(D) Attempts made by the petitioner to re- 
solve the issue with each city and county 
in which the facility is or is to be located; 

(E) Any actions taken to comply with the 
ordinance or any of its provisions; 

(F) Status of and compliance with all ap- 
plicable state and federal permits or ap- 
provals; 

(G) Why the facility is needed; 

(H) Opportunities local citizens and elected 
officials have had to participate in the sit- 
ing process; 
(I) Documentation that the construction 
and operation of a facility will not pose 
an unreasonable health or environmental 
risk to the surrounding locality. For pur- 
poses of the filing of this petition, this 
documentation shall be deemed complete 
if it describes the information submitted 
for all applicable state and federal permits 
or approvals; 
(J) Measures that the facility operator or 
Authority have taken or consented to take 
to avoid or manage foreseeable risks and 
to comply to the maximum feasible extent 
with any applicable ordinance; 
(K.) Metes and bounds description, site 
plan, maps or other information describ- 
ing the facility and its location; and 
(L) All other information the petitioner 
believes relevant and which constitutes 
grounds for relief under G.S. 104E-6.2. 
(c) Within ten days of receipt of the petition, 
the Executive Director of the Board, or his de- 
signee, shall review the petition and determine 
the completeness of the petition under Rule 
.0404(b) of this Section. If the petition is deter- 
mined to be incomplete, the Executive Director 
shall return it to the petitioner with a statement 
of the reasons it is deficient. Return of a petition 
for incompleteness in no way precludes the peti- 
tioner from re-filing a revised petition. If the 
petition is found to be complete, the Executive 
Director shall send a notice of proceeding in ac- 
cordance with Rule .0405 of this Section. 



Statutory A uthority 

143B-216. 13(14). 



G.S. 



I04E-6.2; 



.0405 NOTICE OF PROCEEDINGS 

(a) Within five days after a petition is found 
complete by the Executive Director of the Board, 
or his designee, the Executive Director shall serve 
a Notice of Proceeding on the petitioner and on 
the governing board of each city and county in 
which the facility is or is to be located; 

(b) Such notice shall contain: 

(1) A statement that a complete petition has 
been received; 

(2) A statement that a public hearing on the 
petition will be held on a specific date and 
at a specific place in accordance with Rule 
.0406 of this Subchapter; 

(3) A statement that each city and county in 
which the facility is to be located is enti- 
tled to appoint one or more members to 
sit with the Board and hear this matter in 
accordance with G.S. 104E-6.2(a); failure 
to appoint a member or refusal of an ap- 
pointee to serve shall not affect the con- 
duct of the hearing; the terms of the Board 
members appointed by local governing 
bodies shall end upon the final determi- 
nation made by the Board under Rule 
.0411 of this Section; and such members 
shall serve as members of the Board only 
for purposes of these rules; 

(4) A request that within seven days of re- 
ceipt, the city or county which adopted 
the ordinance shall serve on the Board a 
certified copy of that ordinance; 

(5) A request that within 30 days of receipt 
of the Notice, the city or county serve on 
[as defined in Rule .0402(15) of this 
Section] the Board a response to the peti- 
tion which includes all information within 
its possession regarding the grounds set 
forth in Rule .0403 of this Section and any 
other information as to why this ordi- 
nance should not be preempted; 

(6) Name of proceeding and date of filing; 

(7) Address and telephone number of the of- 
fice of the Board; 

(8) A citation to the relevant statutes or rules 
involved; 

(9) A short plain statement of the factual 
allegations or issues to be determined; 

(10) A brief description of the procedure to 
be followed at the hearing; and 

(11) A statement of how persons may partic- 
ipate in the hearing and where additional 
information can be obtained. 



555 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



Statutory Authority 

I43B-2I6. 13(14). 



G.S. 



104E-6.2; 



.0406 PUBLIC HEARING TO BE HELD 

When a complete petition is filed with the 
Board, the Board shall hold a public hearing to 
consider the petition. The public hearing shall 
be held in the affected locality within a reason- 
able time but not to exceed 60 days after receipt 
of the complete petition by the Board. 

Statutory Authority G.S. I04E-6.2; 

143B-2I6. 13(14). 

.0407 NOTICE OF PUBLIC HEARING 

(a) The Board shall give notice of the public 
hearing in accordance with 104E-6.2(c)(l) and 
104E-6.2(c)(2). 

(b) The Board shall serve the parties to the 
proceeding with a Notice of the Public Hearing 
not less than 30 days before the hearing, which 
notice shall contain the following: 

(1) Name of proceeding and date of filing; 

(2) Date, time, place, and nature of hearing; 

(3) Name, address, and telephone number of 
the Board; 

(4) A citation to the relevant statutes or rules 
involved; 

(5) A short plain statement of the factual 
allegations or issues to be determined; 

(6) A brief description of the procedure to be 
followed at the hearing; and 

(7) A statement of how persons may partic- 
ipate in the hearing and where informa- 
tion can be obtained. 



(e) All parties shall have the right to present 
evidence, rebuttal testimony, and argument rele- 
vant to the issues. 

(f) A party shall have all evidence to be pre- 
sented, both oral and written, available on the 
date for hearing. In cases when the hearing time 
is expected to exceed one day, the parties shall 
be prepared to present their evidence at the date 
and time ordered by the Board. 

(g) The Board shall serve copies of all orders 
or decisions on all parties simultaneously. Any 
party sending a letter, exhibit, brief, memoran- 
dum, or other document to the Board shall si- 
multaneously serve a copy on all other parties. 

(h) A party need not be represented by an at- 
torney. If a party has notified other parties of 
that party's representation by an attorney, all 
communications shall be directed to that attor- 
ney. 

(i) Any non-party offering testimony or other 
evidence may be questioned by parties to the case 
and by the Board. 



Statutory Authority 

1433-216.13(14). 



G.S. 



104E-6.2; 



.0409 WITNESSES 

Any party may be a witness and may present 
witnesses on the party's behalf at the hearing. 
Fourteen days in advance of the public hearing, 
parties shall serve on the Board a witness list, a 
synopsis of testimony, and an estimate of the 
time required to hear each witness. A party may 
make reasonable amendments to its witness list. 
All oral testimony at the hearing shall be under 
oath or affirmation and shall be recorded. 



Statutory Authority 

143B-216. 13(14). 



G.S. 



104E-6.2: 



.0408 CONDUCT OF HEARING 

(a) In accordance with information provided in 
the Notice of Hearing, any non-party may appear 
before the Board at the hearing to offer testi- 
mony. In addition to testimony before the 
Board, any non-party may submit additional ev- 
idence to the Board for its consideration. 

(b) The Board may, in its discretion, set the 
order of presentation and place reasonable time 
limits on the testimony of each person who ap- 
pears before the Board at the hearing. 

(c) Members of the Board may ask questions 
of any person who appears before the Board at 
the hearing. 

(d) The Board shall hold the record open to 
receive written comments from persons for 20 
days after termination of the hearing. 



Statutory Authority G.S. 104E-6.2; 

143B-216. 13(14). 

.0410 OFFICIAL RECORD 

(a) The official record of a proceeding under 
this Chapter shall be available at a place desig- 
nated by the Board for public inspection upon 
reasonable request. 

(b) The proceedings will be recorded. Copies 
of recorded tapes shall be available at cost from 
the Board. Transcripts of proceedings during 
which oral evidence is presented will be made 
only upon written request of any person. The 
requesting person shall pay the cost of such 
transcript or copy thereof that the person orders 
and this cost shall include the cost of an original 
for the Board. Cost shall be determined under 
supervision of the Board which, in cases deemed 
appropriate by it, may require an advance secu- 
rity deposit to cover the prospective cost. The 
security deposit shall be applied to the actual cost 



NORTH CAROLINA REGISTER 



556 



PROPOSED RULES 



and any excess shall be returned to the person 
who submitted it. 



Statutory Authority 

I43B-216. 13(14). 



G.S. 



104E-6.2; 



Statutory Authority G.S. 104E-6.2; 

143B-2I6. 13(14). 

.0411 BOARD'S DECISION 

(a) The Board shall determine whether or to 
what extent to preempt the ordinance to allow 
for the establishment or operation in accordance 
with G.S. 104E-6.2(d). In the event that the 
Board makes all five findings set out in G.S. 
104E-6.2(d) but determines that the provisions 
of the ordinance in question are severable, the 
Board may determine that a specific provision, 
rather than the entire ordinance is preempted. 

(b) The Board's decision shall be made by a 
majority of the Board members as defined in 
G.S. 104E-6.2(a). To be eligible to vote, a Board 
member shall be present at the time the vote is 
taken. 

(c) A decision shall be based exclusively on: 

(1) substantial evidence admissible under G.S. 

150B-29(a) or G.S. 150B-30 and argu- 
ments presented during the hearing and 
made part of the official record; 

(2) stipulations of fact; 

(3) matters officially noticed; and 

(4) other items in the official record. 

(d) The decision shall fully dispose of all issues 
required to resolve the case and shall contain: 

(1) an appropriate caption; 

(2) the appearances of the parties; 

(3) a statement of the issues; 

(4) references to the specific provisions of the 
ordinance at issue; 

(5) findings of fact, with specific reasons given 
for findings on disputed facts; 

(6) conclusions of law based on the findings 
of fact and applicable constitution princi- 
ples, statutes, rules, or regulations; 

(7) a final determination that the challenged 
ordinance, or specific parts thereof, is 
preempted with respect to the facility; 

(8) in the discretion of the Board, a memo- 
randum giving reasons for the conclusions 
of law; and 

(9) a statement that each party has the right 
to appeal the final decision. 



Statutory A uthority 

143B-216. 13(14). 



G.S. 



I04E-6.2; 



.0412 APPEAL OF BOARD'S DECISION 

The decision of the Board may be appealed in 
accordance with G.S. 104E-6.2(e). 



.0413 RECONSIDERATION OR REHEARING 

After the Board issues a decision in a proceed- 
ing, the Board loses jurisdiction to amend the 
decision except to correct clerical or mathemat- 
ical errors. 

Statutory Authority G.S. 104E-6.2; 

143B-216. 13(14). 

.0414 AVAILABILITY OF COPIES 

These rules and copies of all matters adopted 
by reference herein are available from the Board 
at cost. 

Statutory Authority G.S. I04E-6.2; 

143B-2I6. 13(14). 

SECTION .0500 - PREEMPTION PROCESS: 
HAZARDOUS WASTE FACILITY 

.0501 PURPOSE: GENERAL PRINCIPLES 

The purpose of these Rules is to establish pro- 
cedures to be used by the Governor's Waste 
Management Board in reviewing petitions for 
limited preemption of a local ordinance pursuant 
to the authority set forth in G.S. 130A-293. 
Governed by the principles of fairness, uniform- 
ity, and punctuality, the following general rules 
apply: 

(1) Every document filed with the Board shall 
be signed by the person who prepared the 
document, shall contain his name, address 
and telephone number, and shall indicate the 
individual or group represented, if applica- 
ble. 

(2) The rules of statutory construction con- 
tained in Chapter 12 of the General Statutes 
shall be applied in the construction of these 
rules. 

Statutory Authority G.S. 130A-293; 

I43B-216. 13(14). 

.0502 DEFINITIONS 

As used in these Rules: 

(1) "Board" means the Governor's Waste 
Management Board established pursuant to 
Part 27 of Article 3 of Chapter 143B of the 
General Statutes. 

(2) "Chairman" means the Chairman of the 
Board. 

(3) "City" means a municipal corporation de- 
fined by G.S. 160A-1. 

(4) "Commission" means the North Carolina 
Hazardous Waste Management Commission 



557 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



established pursuant to Chapter 130B of the 
General Statutes. 

(5) "County" means any one of the counties 
listed in G.S. 153A-10. 

(6) "Days" means calendar days. 

(7) "Facility" means a hazardous waste facility 
authorized bv the Governor as provided in 
G.S. 130B-5(a) and G.S. 130B-5(b)(l), ei- 
ther proposed, under construction, or oper- 
ational. 

(8) "File" or "Filing" means to place the paper 
or item to be fded into the care and custody 
of the Executive Director of the Board and 
acceptance thereof by him. All documents 
fded with the Board, except exhibits, shall 
be in letter size % X A" by 1 1". 

(9) "Non-party" means any person who is not 
a party. 

(10) "Operator" means a private operator or 
the Hazardous Waste Management Com- 
mission or a person employed by the Haz- 
ardous Waste Management Commission 
pursuant to G.S. 130B-7. 

(11) "Ordinance" means a local ordinance, re- 
solution or other action by a county, city, 
town or other unit or agency of local gov- 
ernment including health, environmental or 
land use regulations, taxes, fees or charges. 

(12) "Party" means the person who submits a 
petition, or the city or county that adopted 
the ordinance that is the subject of the peti- 
tion. 

(13) "Person" means an individual; corpo- 
ration; company; association; partnership; 
unit of government, agency, authority or 
commission at the local, state or federal 
level; or other legal entity. 

(14) "Service" or "Serve" means personal de- 
livery or, unless otherwise provided by law 
or rule, delivery by first class United States 
Postal Service mad or a licensed overnight 
express mail service, postage prepaid and 
addressed to the party at his or her last 
known address. Service on the Board means 
personal delivery by first class United States 
Postage Service mail or a licensed overnight 
express mad service, postage prepaid and 
addressed to the Executive Director, Gover- 
nor's Waste Management Board, 325 N. 
Salisbury Street, Raleigh, N.C. 27611. A 
Certificate of Service by the person making 
the service shall be appended to every docu- 
ment requiring service under these rules. 
Service by mad or with licensed overnight 
express mad is complete upon placing the 
item to be served, enclosed in a wrapper ad- 
dressed to the person to be served, with suf- 



ficient postage affixed, in an official 
depository of the United States Postal Ser- 
vice or upon delivery, postage prepaid and 
wrapped in a wrapper addressed to the per- 
son to be served, to an agent of the over- 
night express mad service. 



Statutory Authority 
143B-216. 13(14). 



G.S. 



130 A- 293; 



.0503 GROUNDS FOR PETITION 

(a) The grounds for petitioning the Board to 
review a local ordinance are: 

(1) That there is an ordinance applicable to a 
facility which would prohibit or have the 
effect of prohibiting establishment or op- 
eration of a facility; 

(2) That the proposed facility is needed in 
order to establish adequate capability for 
the management of hazardous waste gen- 
erated in this state and therefore serves the 
interests of the citizens of the state as a 
whole; 

(3) That ad legally required state and federal 
permits or approvals have been issued by 
the appropriate state and federal agencies 
or that all state and federal permit re- 
quirements have been satisfied and that 
the permits or approvals have been denied 
or withheld only because of the ordinance; 

(4) That local citizens and elected officials 
have had adequate opportunity to partic- 
ipate in the siting process; and 

(5) That the construction and operation of a 
facility will not pose an unreasonable 
health or environmental risk to the sur- 
rounding locality and that the facility op- 
erator or commission has taken or 
consented to take any reasonable meas- 
ures to avoid or manage foreseeable risks 
and to comply to the maximum feasible 
extent with any applicable ordinance. 

(b) Factors that may be considered in deter- 
mining whether an ordinance would prohibit or 
have the effect of prohibiting the establishment 
or operation of a facility include: 

(1) That any legally required local permit, li- 
cense, certification or other form of per- 
mission to initiate or continue 
establishment or operation of the facility 
has been granted by the city or county 
with conditions that in effect prevent es- 
tablishment or operation; 

(2) That any legally required local permit, li- 
cense, certification or other form of per- 
mission to initiate or continue 
establishment or operation of the facility 
has been withheld by the city or county 



NORTH CAROLINA REGISTER 



558 



PROPOSED RULES 



for any unreasonable time so as to con- 
stitute denial; 

(3) That compliance with the ordinance is so 
economically burdensome beyond what is 
necessary to protect the public health and 
safety as to make it impracticable for the 
facility to be established or operated; 

(4) That the petitioner has exhausted any ap- 
peal procedures provided by the ordi- 
nance, or that despite his good faith efforts 
to appeal as provided by such ordinance, 
the city/county has been responsible for 
such unreasonable delay as to effectively 
constitute denial; and 

(5) Any other grounds constituting a basis for 
relief under G.S. 130A-293. 

Statutory Authority G.S. 130A-293; 

I43B-2I6. 13(14). 

.0504 COMMENCEMENT OF PROCEEDINGS 

(a) A proceeding before the Board is com- 
menced by the filing of a petition by the Com- 
mission, or the operator in accordance with G.S. 
130A-293 together with a Certificate of Service 
establishing sen ice of a copy of the petition on 
each city and county in which any portion of the 
facility is or is to be located. 

(b) The petition shall contain: 

(1) The name, address and telephone number 
of the petitioner, and the names of the city 
and county in which the facility is or is to 
be located; and 

(2) A short plain statement of facts and issues 
which addresses all grounds covered in 
Rule .0503 of this Section. Such state- 
ment shall specifically include a de- 
scription of: 

(A) The action giving rise to the petition; 

(B) The ordinance, or a certified copy of the 
ordinance if available; 

(C) The effect of the ordinance on the fa- 
cility's establishment or operation, speci- 
fying those provisions of the ordinance 
alleged to prevent the establishment or 
operation of the facility; 

(D) Attempts made by the petitioner to re- 
solve the issue with each city and county 
in which the facility is or is to be located; 

(E) Any actions taken to comply with the 
ordinance or any of its provisions; 

(F) Status of and compliance with all ap- 
plicable state and federal permits or ap- 
provals; 

(G) Why the facility is needed; 

(H) Opportunities local citizens and elected 
officials have had to participate in the sit- 
ing process; 



(I) Documentation that the construction 
and operation of a facility will not pose 
an unreasonable health or environmental 
risk to the surrounding locality. For pur- 
poses of the filing of this petition, this 
documentation shall be deemed complete 
if it describes the information submitted 
for all applicable state and federal permits 
of approvals; 
(J) Measures that the facility developer or 
operator or Commission have taken or 
consented to take to avoid or manage 
foreseeable risks and to comply to the 
maximum feasible extent with any appli- 
cable ordinance; 
(K) Metes and bounds description, site 
plan, maps or other information describ- 
ing the facility and its location; and 
(L) All other information the petitioner 
believes relevant and which constitutes 
grounds for relief under G.S. 130A-293. 
(c) Within ten days of receipt of the petition, 
the Executive Director of the Board, or his de- 
signee, shall review the petition and determine 
the completeness of the petition under Rule 
.0504(b) of this Section. If the petition is deter- 
mined to be incomplete, the Executive Director 
shall return it to the petitioner with a statement 
of the reasons it is deficient. Return of a petition 
for incompleteness in no way precludes the peti- 
tioner from re-filing a revised petition. If the 
petition is found to be complete, the Executive 
Director shall send a notice of proceeding in ac- 
cordance with Rule .0505 of this Section. 



Statutory Authority G.S. I30A-293; 

I43B-2I6. 13(14). 

.0505 NOTICE OF PROCEEDINGS 

(a) Within five days after a petition is found 
complete by the Executive Director of the Board, 
or his designee, the Executive Director shall serve 
a Notice of Proceeding on the petitioner and on 
the governing board of each city and county in 
which the facility is or is to be located; 

(b) Such notice shall contain: 

(1) A statement that a complete petition has 
been received; 

(2) A statement that a public hearing on the 
petition will be held on a specific date and 
at a specific place in accordance with Rule 
.0506 of this Section; 

(3) A statement that each city and county in 
which the facility is to be located is enti- 
tled to appoint one or more members to 
sit with the Board and hear this matter in 
accordance with G.S. 130A-293. 



559 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



(4) A request that within seven days of re- 
ceipt, the city or county which adopted 
the ordinance shall serve on the Board a 
certified copy of that ordinance; 

(5) A request that within 30 days of receipt 
of the Notice, the city or county serve as 
defined in Rule .0502(15) of this Section 
on the Board a response to the petition 
which includes all information within its 
possession regarding the grounds set forth 
in Rule .0503 of this Section and any 
other information as to why this ordi- 
nance should not be preempted; 

(6) Name of proceeding and date of filing; 

(7) Address and telephone number of the of- 
fice of the Board; 

(8) A citation to the relevant statutes or rules 
involved; 

(9) A short plain statement of the factual 
allegations or issues to be determined; 

(10) A brief description of the procedure to 
be followed at the hearing; and 

(11) A statement of how persons may partic- 
ipate in the hearing and where additional 
information can be obtained. 



Statutory Authority 
I43B-2I6. 13(14). 



G.S. 



I30A-293; 



.0506 PUBLIC HEARING TO BE HELD 

When a complete petition is filed with the 
Board, the Board shall hold a public hearing to 
consider the petition. The public hearing shall 
be held in the affected locality within a reason- 
able time but not to exceed 60 days after receipt 
of the complete petition by the Board. 

Statutory Authority G.S. 130A-293; 

I43B-216. 13(14). 

.0507 NOTICE OF PUBLIC HEARING 

(a) The Board shall publish notice of the public 
hearing in accordance with 130A-293(c)(l) and 
130A-293(c)(2). 

(b) The Board shall serve the parties to the 
proceeding with a Notice of the Public Hearing 
not less than 30 days before the hearing, which 
notice shall contain the following: 

(1) Name of proceeding and date of filing; 

(2) Date, time, place, and nature of hearing; 

(3) Name, address, and telephone number of 
the Board; 

(4) A citation to the relevant statutes or rules 
involved; 

(5) A short plain statement of the factual 
allegations or issues to be determined; 

(6) A brief description of the procedure to be 
followed at the hearing; and 



(7) A statement of how persons may partic- 
ipate in the hearing and where informa- 
tion can be obtained. 



Statutory Authority 
143B-2I6. 13(14). 



G.S. J30A-293; 



.0508 CONDUCT OF HEARING 

(a) In accordance with information provided in 
the Notice of Hearing, and non-party may appear 
before the Board at the hearing to offer testi- 
mony. In addition to testimony before the 
Board, any non-party may submit additional ev- 
idence to the Board for its consideration. 

(b) The Board may, in its discretion, set the 
order of presentation and place reasonable time 
limits on the testimony of each person who ap- 
pears before the Board at the hearing. 

(c) Members of the Board may ask questions 
of any person who appears before the Board at 
the hearing. 

(d) The Board shall hold the record open to 
receive written comments from persons for 20 
days after termination of the hearing. 

(e) All parties shall have the right to present 
evidence, rebuttal testimony, and argument rele- 
vant to the issues. 

(f) A party shall have all evidence to be pre- 
sented, both oral and written, available on the 
date for hearing. In cases when the hearing time 
is expected to exceed one day, the parties shall 
be prepared to present their evidence at the date 
and time ordered by the Board. 

(g) The Board shall serve copies of all orders 
or decisions on all parties simultaneously. Any 
party sending a letter, exhibit, brief, memoran- 
dum, or other document to the Board shall si- 
multaneously serve a copy on all other parties. 

(h) A party need not be represented by an at- 
torney. If a party has notified other parties of 
that party's representation by an attorney, all 
communications shall be directed to that attor- 
ney. 

(i) Any non-party offering testimony or other 
evidence may be questioned by parties to the case 
and by the Board. 



Statutory Authority 
143B-216. 13(14). 



G.S. 



130A-293; 



.0509 WITNESSES 

Any party may be a witness and may present 
witnesses on the party's behalf at the hearing. 
Fourteen days in advance of the public hearing, 
parties shall serve on the Board a witness list, a 
synopsis of testimony, and an estimate of the 
time required to hear each witness. A party may 
make reasonable amendments to its witness list. 



NORTH CAROLINA REGISTER 



560 



PROPOSED RULES 



All oral testimony at the hearing shall be under 
oath or affirmation and shall be recorded. 



Statutory A uthority 
143B-2I6. 13(14). 



G.S. 



130A-293; 



n>IO OFFICIAL RFCORD 

(a) The official record of a proceeding under 
this Chapter shall be available for public in- 
spection upon reasonable request at a place des- 
ignated by the Board. 

(b) The proceedings will be recorded. Copies 
of recorded tapes shall be available at cost from 
the Board. Transcripts of proceedings during 
which oral evidence is presented will be made 
only upon written request of any person. The 
requesting person shall pay the cost of such 
transcript or copy thereof that the person orders 
and this cost shall include the cost of an original 
for the Board. Cost shall be determined under 
supervision of the Board which, in cases deemed 
appropriate by it, may require an advance secu- 
rity deposit to cover the prospective cost. The 
security deposit shall be applied to the actual cost 
and any excess shall be returned to the person 
who submitted it. 



Statutory A uthority 

I43B-2I6. 13(14). 



G.S. 



130A-293; 



.0511 BOARD'S DECISION 

(a) The Board shall determine whether or to 
what extent to preempt the ordinance to allow 
for the establishment or operation of a facility in 
accordance with G.S. 130A-293(d). In the event 
that the Board makes all five findings set out in 
G.S. 130A-293(d) but determines that the pro- 
visions of the ordinance in question are severable, 
the Board may determine that a specific pro- 
vision, rather than the entire ordinance is pre- 
empted. 

(b) The Board's decision shall be made by a 
majority of the Board members as defined in 
G.S. 130A-293(a). To be eligible to vote, a 
Board member shall be present at the time the 
vote is taken. 

(c) A decision shall be based exclusively on: 

(1) substantial evidence admissible under G.S. 

150B-29(a) or G.S. 150B-30 and argu- 
ments presented during the hearing and 
made part of the official record; 

(2) stipulations of fact; 

(3) matters officially noticed; and 

(4) other items in the official record. 

(d) A decision shall fully dispose of all issues 
required to resolve the case and shall contain: 

(1) an appropriate caption; 

(2) the appearances of the parties; 



(3) 
(4) 

(5) 

(6) 



(7) 



(8) 



(9) 



a statement of the issues; 

references to the specific provisions of the 

ordinance at issue; 

findings of fact, with specific reasons given 

for findings on disputed facts; 

conclusions of law based on the findings 
of fact and applicable constitutional prin- 
ciples, statutes, rules, or regulations; 

a final determination that the challenged 
ordinance, or specific parts thereof, is 
preempted with respect to the facility; 

in the discretion of the Board, a memo- 
randum giving reasons for the conclusions 
of law; and 

a statement that each party has the right 
to appeal the final decision. 



Statutory Authority 

143B-216. 13(14). 



G.S. 



1 30 A- 293; 



.0512 APPEAL OF BOARD'S DECISION 

The decision of the Board may be appealed in 
accordance with G.S. 130A-293(c). 



Statutory Authority 

143B-216. 13(14). 



G.S. 



1 30 A- 293; 



.0513 RECONSIDERATION OR REHEARING 

After the Board issues a decision in a proceed- 
ing, the Board loses jurisdiction to amend the 
decision except to correct clerical or mathemat- 
ical errors. 



Statutory Authority 

143B-2I6. 13(14). 



G.S. 



1 30 A- 293; 



.0514 AVAILABILITY OF COPIES 

These rules and copies of all matters adopted 
by reference herein are available from the Board 
at cost. 



Statutory Authority 

143B-216. 13(14). 



G.S. 



130A-293; 



TITLE 1 1 DEPARTMENT OF 
INSURANCE 



No 



otice is hereby given in accordance with G.S. 
I SOB- 12 that the N.C. Department of Insurance 
intends to amend rule(s) cited as 1 1 NCAC 6B 
.0/02 - .0103, .0105. .0201, .0204 - .0205, .0303, 
.0401; and adopt rule(s) cited as II NCAC 6B 
.0106 - .0107, .0404 - .0405. 



Th 



he proposed effective date of this action is De- 
cember 1, 1989. 



561 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



1 he public hearing will be conducted at 10:00 
a.m. on September 15, 1989 at Third Floor 
Hearing Room, Dobbs Building, 430 N. Salisbury 
Street, Raleigh, N.C. 27611. 

l^somment Procedures: Written comments may 
be sent to Fran DiPasquantonio, P.O. Box 26387, 
Raleigh, N.C. 27611. Oral presentations may be 
made at the public hearing. Anyone having ques- 
tions should call Fran DiPasquantonio or Linda 
Stott at (919) 733-4700. 

CHAPTER 6 - AGENT SERVICES DIVISION 

SUBCHAPTER 6B - THIRD PARTY 
ADMINISTRATOR 

SECTION .0100 - DESCRIPTION OF FORMS 

.0102 BIOGRAPHICAL AFFIDAVIT 

The biographical affidavit form designated as 
TPA-2-87 (Rev. 6/89) for administrators shall 
include, but not be limited to, the following in- 
formation: 

(1) full name and address of administrator; 

(2) affiant's social security number; 

(3) affiant's date and place of birth; 

(4) affiant's residence address; 

(5) affiant's business address; 

(6) affiant's business telephone number; 

(7) affiant's present or proposed position with 
the administrator; 

(8) affiant's employment record for the past 
five years; 

(9) whether the affiant has ever been in a po- 
sition which required a fidelity bond or has 
been denied a fidelity bond; 

(10) affiant's education; 

(1 1) affiant's membership in professional soci- 
eties and associations; 

( 1 2) the name of any insurance company with 
which affiant is a related party; 

(13) the names of members of affiant's imme- 
diate family who subscribe to or own, bene- 
ficially or of record, shares of stock of 
applicant administrator or its affiliates and a 
description of such holdings; 

(14) whether affiant has ever been refused a 
professional, occupational, or vocational li- 
cense by any public or governmental agency 
or regulatory authority, or whether such li- 
cense held has ever been suspended or re- 
voked; 

(15) whether affiant has ever been adjudged 
bankrupt; 

(16) whether affiant has ever been convicted, 
or has had a sentence imposed or suspended, 
or has been pardoned for conviction of or 



pleaded guilty or nolo contendere to an in- 
dictment charging any crime involving fraud, 
dishonesty or moral turpitude, or charging a 
violation of any corporate securities statute, 
or any insurance law, or has been subject of 
any disciplinary proceeding of any federal 
or state regulatory agency; 

(17) whether affiant has ever been an officer, 
director, manager, trustee, or controlling 
stockholder of any company during which 
time the company became insolvent or was 
placed under supervision or in receivership, 
rehabilitation, liquidation or conservator- 
ship; 

(18) whether the certificate of authority or li- 
cense to do business of any insurance com- 
pany of which affiant was an officer has ever 
been suspended or revoked while the affiant 
was an officer of such company; and 

(19) experience as an administrator. 

Statutory Authority G.S. 58-9; 58-525; 58-536. 

.0103 TPA TRANSMITTAL 

The TPA transmittal form (TPA-3-87) (Rev. 
6/89) is designed as a check list to assure that all 
information required is submitted. The follow- 
ing information is required: 

(1) application for administrator's registration 
(TPA- 1-87); 

(2) biographical form, (TPA-2-87) (Rev. 6/89) 
must be completed by every officer of a 
corporation or every partner of a partnership 
or the owner and operating manager of a 
sole proprietorship; 

(3) copies of each type of service contract uti- 
lized by the administrator with its benefit 
plans for North Carolina residents; 

(4) financial statements must include a balance 
sheet, a statement of income and a statement 
of cash flows for the administrator's most 
recent full fiscal year. Financial statements 
must be presented in the form of an audit, 
a review, or a compilation prepared by an 
independent certified public accountant. 
Financial statements of an administrator's 
parent company are acceptable if such pres- 
ent consolidating schedules for the adminis- 
trator, and if the certified public 
accountant's opinion letter does not disclaim 
association with the consolidating schedules; 

(5) a surety bond in an amount of one hun- 
dred thousand dollars ($100,000) or more 
issued in the name of the administrator 
written by a company duly licensed to do 
business in North Carolina. The surety 
bond is conditioned upon the performance 
by administrators of their obligation to in- 



NORTH CAROLINA REGISTER 



562 



PROPOSED RULES 



surcrs, self-fundcrs and participants under 
their service contracts, and their compliance 
with the requirement of Article 41 of Chap- 
ter 58 of the General Statutes of North Ca- 
rolina as well as any applicable rules. A 
copy of the surety bond form is enclosed 
with the application and renewal package; 

(6) company check cortifiod chock or money 
order in the amount of twenty dollars 
($20.00) registration fee payable to the 
North Carolina Department of Insurance; 

(7) narrative description specifying adminis- 
trator's services performed in North Caro- 
lina; 

(8) signature, date, address and telephone 
number of the preparer of the application 
package; 

(9) a copy of each trust document between the 
administrator and employers for whom the 
administration of self-funded plans is per- 
formed; 

(10) narrative of internal controls, 
(TPA-IC-89); and 

(11) an executed copy of the power of attorney 
form, if not domiciled in this State. ( Form 
enclosed in application and renewal pack- 
age.) 

Statutory Authority G.S. 58-9; 58-536. 

.0105 RENEWAL TPA TRANSMITTAL 

The renewal TPA transmittal form 
(RTPA-2-88) (Rev. 6/89) is similar to the TPA 
transmittal form (TPA-3-87) (Rev. 6/89) and 
must contain the following information: 

(1) any change of address in location of the 
administrator's North Carolina office; 

(2) any changes in ownership of the adminis- 
trator or, any new officers, or addition or 
deletion of any new partners since the last 
filing and, if so, a biographical affidavit for 
new administrators (TPA-2-87) (Rev. 6 89); 

(3) a fist of all new service contracts (self- 
funded, or fully insured) entered into since 
the last application; 

(4) financial statements must include a balance 
sheet, a statement of income and a statement 
of cash flows for the administrator's most 
recent full fiscal year. Financial statements 
must be presented in the form of an audit, 
a review, or a compilation prepared by an 
independent certified public accountant. 
Financial statements of an administrator's 
parent company are acceptable if such pres- 
ent consolidating schedules for the adminis- 
trator, and if the certified public 
accountant's opinion letter does not disclaim 
association with the consolidating schedules; 



(5) a surety bond in an amount of one hun- 
dred thousand dollars ($100,000) or more 
issued in the name of the administrator 
written by a company duly licensed to do 
business in North Carolina. The surety 
bond is conditioned upon the performance 
by administrators of their obligation to in- 
surers, self-funders and participants under 
their service contracts, and their compliance 
with the requirement of Article 41 of Chap- 
ter 58 of the General Statutes of North Ca- 
rolina as well as any applicable rules. A 
copy of the surety bond form is enclosed 
with the application and renewal package; 

(6) narrative of description specifying admin- 
istrator's services performed in North Caro- 
lina; 

(7) company check cortifiod chock or money 
order in the amount of twenty dollars 
($20.00) registration fee payable to the 
North Carolina Department of Insurance; 

(8) signature, date, address, and telephone 
number of the preparer of the application 
package; 

(9) a copy of each trust document between the 
administrator and employers for whom the 
administration of self-funded plans is per- 
formed; and 

(10) narrative on internal controls, TPA-IC-89 
enclosed. 

Statutory Authority G.S. 58-9; 58-536. 

.0106 ADMINISTRATOR'S QUESTIONNAIRE 

All applications and renewals for an adminis- 
trator certificate of registration must include the 
completed administrator's questionnaire form 
TPA-4-89 requiring the following information: 

(1) administrator's name, address, and contact 
person; 

(2) administrator's legal structure; 

(3) affiliated companies and their relationship 
with the administrator; 

(4) administrator's federal employer's identifi- 
cation number; 

(5) administrator's fiscal year-end; 

(6) administrator's independent certified public 
accountant; 

(7) administrator's surety coverage provider; 

(8) services provided by the administrator; 

(9) insurers for which services are provided by 
the administrator; 

( 10) self-funders for which services are provided 
by the administrator; 

(11) administrator's errors and omissions cov- 
erage provider; 



563 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



(12) administrator's stop loss coverage pro- 
vider; 

(13) administrator's registered in other states; 

(14) administrator's anticipated processing time 
for claims adjudicated; 

(15) statistics for the administrator's activities 
in North Carolina; and 

(16) any other information that the Commis- 
sioner may desire in regulating administra- 
tors. 

Statutory Authority G.S. 58-9; 58-527; 58-529; 
58-536. 

.0107 INTERNAL CONTROL (TPA-IC-89) 

For applications and renewal application for an 
administrator's certificate of registration, consid- 
eration will be given to the administrator's sys- 
tem of internal control. Internal controls relative 
to the administrator's operations and to the ad- 
ministration of self-funded and fully-insured 
plans will be reviewed. To provide information 
for this review, the administrator shall prepare 
and submit a narrative discussing existing internal 
controls over company operations and adminis- 
tered plans. Description of such internal controls 
are as follows: 

(1) Internal controls for the administrator's 
operations: 

(a) procedures to safeguard the receipt of 
company funds; 

(b) segregation of functions within the work- 
flow; 

(c) procedures to safeguard the disbursement 
of company funds; and 

(d) audits, including internal audits and those 
performed by companies with which the 
administrator has service agreements. 

(2) Internal controls to safeguard funds of self- 
funded plans: 

(a) procedures to safeguard the receipt of 
funds. Specify if funds are received by the 
administrator, or are deposited directly 
with a bank or into a bank lockbox; 

(b) if funds are collected on behalf of or for 
more than one self-funder, specify if there 
are established separate accounts for each 
self-funder; or if the bank into which such 
funds are deposited maintains records 
clearly recording the deposits and with- 
drawals made on behalf of each self-fun- 
der; 

(c) procedures to safeguard the disbursement 
of funds. Specify authorization proce- 
dures for the payment of claims; 

(d) if claims are paid by the administrator 
from funds collected on behalf of a self- 
funder, specify if such claims are paid on 



the drafts of and as authorized by such 
self-funder; and 
(e) segregation of functions within the work- 
flow. 
(3) Internal controls to safeguard funds of ful- 
ly-insured plans: 

(a) procedures to safeguard the receipt of 
funds. Specify if funds are received by the 
administrator, or are deposited directly 
with a bank or into a bank lockbox; 

(b) if funds are collected on behalf of or for 
more than one insurer, specify if there are 
established separate accounts for each in- 
surer, or if the bank into which such funds 
are deposited maintains records clearly re- 
cording the deposits and withdrawals 
made on behalf of each insurer; 

(c) procedures to safeguard the disbursement 
of funds. Specify authorization proce- 
dures for the payment of claims; 

(d) if claims are paid by the administrator 
from funds collected on behalf of an in- 
surer, specify if such claims are paid on 
the drafts of and as authorized by such 
insurer; and 

(e) segregation of functions within the work- 
flow. 

Statutory Authority G.S. 58-9; 58-536. 

SECTION .0200 - REGISTRATION 

.0201 CONTENTS OF FULL APPLICATION 

All applications for an administrator certificate 
of registration must include: 

(1) an application for administrator's registra- 
tion (TPA-1-87) signed by an officer, if a 
corporation, or every partner, if a partner- 
ship, or the owner and operating manager, 
if a sole proprietorship; 

(2) biographical form(s) (TPA-2-87) (Rev. 
6/89) completed by every officer, partner, or 
owner and operating manager as indicated; 
forms may be duplicated to meet needs; 

(3) copies of each type of service contract uti- 
lized for benefit plans administered covering 
North Carolina residents; 

(4) financial statements must include a balance 
sheet, a statement of income and a statement 
of cash flows for the administrator's most 
recent full fiscal year. Financial statements 
must be presented in the form of an audit, 
a review, or a compilation prepared by an 
independent certified public accountant. 
Financial statements of an administrator's 
parent company are acceptable if such pres- 
ent consolidating schedules for the adminis- 
trator, and if the certified public 



NORTH CAROLINA REGISTER 



564 



PROPOSED RULES 



accountant's opinion letter does not disclaim 
association with the consolidating schedules; 

(5) a surety bond in an amount of one hun- 
dred thousand dollars ($100,000) or more 
issued in the name of the administrator 
written by a company licensed to do busi- 
ness in North Carolina. The surety bond is 
conditioned upon the performance by ad- 
ministrators of their obligation to insurers, 
self-funders and participants under their ser- 
vice contracts, and their compliance with the 
requirement of Article 41 of Chapter 58 of 
the General Statutes of North Carolina as 
well as any applicable rules. A copy of the 
surety bond form is enclosed with the ap- 
plication and renewal package; 

(6) all basic organizational documents of the 
third party administrator, such as the articles 
of incorporation, bylaws, partnership agree- 
ments and all other similar documents and 
all amendments to those documents; 

(7) a narrative description specifying adminis- 
trator's services performed in North Caro- 
lina; 

(8) a power of attorney duly executed by the 
administrator, if not domiciled in North 
Carolina, appointing the Commissioner of 
Insurance, and the Commissioner's duly au- 
thorized deputies as attorneys for the ad- 
ministrator in and for this state, upon whom 
process in any legal action or proceeding 
against the administrator on a cause of ac- 
tion arising in this state may be served; 
(form enclosed in application and renewal 
package); 

(9) a company check certified ek«<rk or money 
order in the amount of twenty dollars 
($20.00), registration fee, payable to the 
North Carolina Department of Insurance; 
and 

(10) such other information as the department 
may reasonably require. 

Statutory Authority G.S. 58-9; 58-525; 58-527; 
58-529; 58-532; 58-536. 

.0204 APPLICATION FOR RENEWAL OF A 
CERTIFICATE OF REGISTRATION 

All applications for renewal of a certificate of 
registration must include: 

(1) application for administrator's renewal reg- 
istration (RTPA-1-88); 

(2) all changes to the information contained in 
biographical form(s) (TPA-2-87) (Rev. 
6 89); 

(3) all changes or additions to ownership, or- 
ganizational structure or location of the ad- 
ministrator; 



(4) all changes or additions to the service con- 
tracts entered into by the administrator; 

(5) financial statements must include a balance 
sheet, statement of income and a statement 
of cash flows for the administrator's most 
recent full fiscal year. Financial statements 
must be presented in the form of an audit, 
a review, or a compilation prepared by an 
independent certified public accountant. 
Financial statements of an administrator's 
parent company are acceptable if such pres- 
ent consolidating schedules for the adminis- 
trator, and if the certified public 
accountant's opinion letter does not disclaim 
association with the consolidating schedules; 

(6) a surety bond in an amount of one hundred 
thousand dollars ($100,000) or more issued 
in the name of the administrator written by 
a company licensed to do business in North 
Carolina. The surety bond is conditioned 
upon the performance by administrators of 
their obligation to insurers, self-funders and 
participants under their service contracts, 
and their compliance with the requirement 
of Article 41 of Chapter 58 of the General 
Statutes of North Carolina as well as any 
applicable rules. A copy of the surety bond 
form is enclosed with the application and 
renewal package; and 

(7) a company check certified check or money 
order in the amount of twenty dollars 
($20.00), renewal registration fee, payable to 
the North Carolina Department of Insur- 
ance. 

Statutory Authority G.S. 58-9; 58-525; 58-527; 
58-529; 58-532; 58-536. 

.0205 RENEWAL CERTIFICATE OF 
REGISTRATION 

The renewal date for all certificates of registra- 
tion will be September 1 . Renewal packages will 
be sent to registered administrators on July 1 and 
should be returned to the Department of Insur- 
ance, Agent Services Division, Administrativ e 
Assistant. Registrar, P.O. Box 26387, Raleigh, 
N.C. 2761 1, no later than August 10. 

Statutory Authority G.S. 58-9; 58-536. 

SECTION .0300 - FINANCIAL REQUIREMENTS 

.0303 FINANCIAL INFORMATION PUBLIC 
RECORDS 

All financial information filed in support of an 
application for initial issuance or renewal of a 
certificate of registration will be subject to the 
public records law of North Carolina. Such in- 
formation will not be released by the department 



565 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



until registration is accomplished and a certificate 
issued. In the event that the application is with- 
drawn from consideration by the applicant, then 
it will not be deemed public information. During 
the renewal period or during an investigation of 
an administrator, the file will be subject to the 
public records law of North Carolina. 

Statutory Authority G.S. 58-9; 58-11; 132-6. 

SECTION .0400 - GENERAL PROVISIONS 

.0401 SERVICE CONTRACTS WITH 
INSURANCE COMPANIES 

All service contracts with insurance companies 
must be with insurers licensed et authorized to 
operate in North Carolina. 

Statutory Authority G.S. 58-9; 58-15; 58-527. 

.0404 DEFINITIONS 

(a) "Related party" means principal owner of 
the insurance company; members of the insur- 
ance company's management; members of the 
immediate families of the principal owners of the 
insurance company and its management; mem- 
bers of a party with which the insurance com- 
pany may deal if one party controls or can 
significantly influence the management or oper- 
ating policies of the other to an extent that one 
of the transacting parties might be prevented 
from fully pursuing its own separate interests; 
members of a party that can significantly influ- 
ence the management or operating policies of any 
transacting parties; members with an ownership 
interest in one of the transacting parties and who 
can significantly influence the other party so that 
one or more of the transacting parties may be 
prevented from fully pursuing its own separate 
interests; individuals legally or beneficially own- 
ing any outstanding voting stock. 

(b) "Surety bond" means coverage for the 
subscribers of a self-funded or fully-insured plan 
issued by a company licensed to do business in 
this State. 

Statutory Authority G.S. 58-9; 58-530; 58-536. 

.0405 PAYMENT OF CLAIMS 

(a) Evidence of competency of an administrator 
shall include, but will not be limited to, process- 
ing and payment of claims in a timely manner. 

(b) If claims filed with an administrator or in- 
surer have not been paid within 30 days after re- 
ceipt of the initial claim by the administrator or 
the insurer, the administrator or the insurer shall 
at that time mail a claim status report to the 
claimant. 



Statutory Authority G.S. 58-9; 58-530. 

****************** 

iV otice is hereby given in accordance with G.S. 
150B-12 that the N.C. Department of Insurance 
intends to amend rule(s) cited as 1 1 NCAC 6B 
.0103, .0105, .0201, .0204, .0304. 

1 he proposed effective date of this action is De- 
cember 1, 1989. 

1 he public hearing will be conducted at 10:00 
a.m. on September 15, 1989 at Third Floor 
Hearing Room, Dobbs Building, 430 N. Salisbury 
Street, Raleigh, N.C. 276/1. 

Comment Procedures: Written comments may 
be sent to Fran DiPasquantonio, P.O. Box 26387, 
Raleigh, N.C. 276/1. Oral presentations may be 
made at the public hearing. Anyone having ques- 
tions should call Fran DiPasquantonio or Linda 
Stott at (919) 733-4700. 

SUBCHAPTER 6B - THIRD PARTY 
ADMINISTRATOR 

SECTION .0100 - DESCRIPTION OF FORMS 

.0103 TPA TRANSMITTAL 

The TPA transmittal form (TPA-3-87) is de- 
signed as a check list to assure that all informa- 
tion required is submitted. The following 
information is required: 

(1) application for administrator's registration 
(TPA-1-87); 

(2) biographical form, (TPA-2-87), must be 
completed by every officer of a corporation 
or every partner of a partnership or the 
owner and operating manager of a sole pro- 
prietorship; 

(3) copies of each type of service contract uti- 
lized by the administrator with its benefit 
plans for North Carolina residents; 

(4) financial statements must include a balance 
sheet, a statement of income and a statement 
of cash flows for the administrator's most 
recent full fiscal year. Financial statements 
must be presented in the form of an audit, 
a review, or a compilation prepared by an 
independent certified public accountant. 
Financial statements of an administrator's 
parent company are acceptable if such pres- 
ent consolidating schedules for the adminis- 
trator, and if the certified public 
accountant's opinion letter does not disclaim 
association with the consolidating schedules; 



NORTH CAROLINA REGISTER 



566 



PROPOSED RULES 



(5) a copy ef the fidelity coverage surety bond 
in an amount of one hundred thousand 
dollars ($100,000) or more issued in the 
name of the administrator written by a 
company duly licensed ef authorized to do 
business in North Carolina. The surety 
bond is conditioned upon the performance 
by administrators of their obligation to in* 
surers, self-funders and participants under 
their service contracts, and their compliance 
with the requirement of Article 41 of Chap- 
ter 58 of the General Statutes of North Ca- 
rolina as well as any applicable rules. A 
copy of the surety bond form is enclosed 
with the application and renewal package; 
Fidelity coverage issued i» the name »f the 
administrator an4 its parent company, &f is- 
sued ift the name s( the administrator tm4 
affiliated companieo, is acceptable if the fi- 
delity coverage is a» amount ©£»«e hundred 

^^^^^^^^^^^^^^^ ^^^^^^^^J^C ^*^^^C ■ , ' ^i^^ ^^*? Q^^^^l^^ ^^^^1 ^l^^i 

t 1 f% 'l_Ifl.II III OTTTTTTTTT ^ PITJU^.'V'T \?I YTTTTT^T II I I H I X TV 

policy limit is issu e d e» a pef occurr e nc e 
basis; 

(6) company check, certified check or money 
order in the amount of twenty dollars 
($20.00) registration fee payable to the 
North Carolina Department of Insurance; 

(7) narrative description specifying administra- 
tor's services performed in North Carolina; 

(8) signature, date, address and telephone 
number of the preparer of the application 
package. 

Statutory Authority G.S. 5S-9; 5S-536. 

.0105 RENEWAL TPA TRANSMITTAL 

The renewal TPA transmittal form 
(RTPA-2-88) is similar to the TPA transmittal 
form (TPA-3-87) and must contain the following 
information: 

(1) any change of address in location of the 
administrator's North Carolina office; 

(2) any changes in ownership of the adminis- 
trator or, any new officers, or addition or 
deletion of any new partners since the last 
filing and, if so, a biographical affidavit for 
new administrators (TPA-2-87); 

(3) a list of all new service contracts (self- 
funded, or fully insured) entered into since 
the last application; 

(4) financial statements must include a balance 
sheet, a statement of income and a statement 
of cash flows for the administrator's most 
recent full fiscal year. Financial statements 
must be presented in the form of an audit, 
a review, or a compilation prepared by an 
independent certified public accountant. 



Financial statements of an administrator's 
parent company are acceptable if such pres- 
ent consolidating schedules for the adminis- 
trator, and if the certified public 
accountant's opinion letter does not disclaim 
association with the consolidating schedules; 

(5) a cony ef the fid e lity coverage surety bond 
in an amount of one hundred thousand 
dollars ($100,000) or more issued in the 
name of the administrator written by a 
company duly licensed e* authorized to do 
business in North Carolina. The surety 
bond is conditioned upon the performance 
by administrators of their obligation to in- 
surers, self-funders and participants under 
their service contracts, and their compliance 
with the requirement of Article 41 of Chap- 
ter 58 of the General Statutes of North Ca- 
rolina as well as any applicable rules. A 
copy of the surety bond form is enclosed 
with the application and renewal package; 
Fidelity coverage issued » the name el the 
administrator *ft4 its parent company, e* is- 
oued » the name ef the administrator aft4 
affiliated companies, is acceptable if the 6- 
delity coverage is a» amount ef ene hundred 
thousand dollars ($100,000) ef more a«4 the 
policy limit is issu e d e» a per- occurrence 
basis; 

(6) narrative of description specifying adminis- 
trator's services performed in North Caro- 
lina; 

(7) company check, certified check or money 
order in the amount of twenty dollars 
($20.00) registration fee payable to the 
North Carolina Department of Insurance; 
and 

(8) signature, date, address, and telephone 
number of the preparer of the application 
package. 

Statutory Authority G.S. 58-9; 58-536. 

SECTION .0200 - REGISTRATION 

.0201 CONTENTS OF FELL APPLICATION 

All applications for an administrator certificate 
of registration must include: 

(1) an application for administrator's registra- 
tion (TPA- 1-87) signed by an officer, if a 
corporation, or every partner, if a partner- 
ship, or the owner and operating manager, 
if a sole proprietorship; 

(2) biographical form(s) (TPA-2-87) com- 
pleted by every officer, partner, or owner 
and operating manager as indicated; forms 
may be duplicated to meet needs; 



567 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



(3) copies of each type of service contract uti- 
lized for benefit plans administered covering 
North Carolina residents; 

(4) financial statements must include a balance 
sheet, a statement of income and a statement 
of cash flows for the administrator's most 
recent full fiscal year. Financial statements 
must be presented in the form of an audit, 
a review, or a compilation prepared by an 
independent certified public accountant. 
Financial statements of an administrator's 
parent company are acceptable if such pres- 
ent consolidating schedules for the adminis- 
trator, and if the certified public 
accountant's opinion letter does not disclaim 
association with the consolidating schedules; 

(5) a copy ef the fidelity covorago surety bond 
in an amount of one hundred thousand 
dollars ($100,000) or more issued in the 
name of the administrator written by a 
company licensed ef authorized to do busi- 
ness in North Carolina, (a oopy ef the pel- 
tey is required). Fidelity oovorago ioouod » 
the name ef the adminiotrator and its parent 
company, ef ioouod i» the name ef the ad- 
miniotrator tm4 affiliated companies, is ae- 
coptable if the fidelity covorago isa» amount 
ef eee hundr e d thouoand dollaro ($100,000) 
ef moro aed the policy limit is issued e» a 
pef occurrence basis; The surety bond is 
conditioned upon the performance by ad- 
ministrators of their obligation to insurers, 
self-funders and participants under their ser- 
vice contracts, and their compliance with the 
requirement of Article 41 of Chapter 58 of 
the General Statutes of North Carolina as 
well as any applicable rules. A copy of the 
surety bond form is enclosed with the ap- 
plication and renewal package; 

(6) all basic organizational documents of the 
third party administrator, such as the articles 
of incorporation, bylaws, partnership agree- 
ments and all other similar documents and 
all amendments to those documents; 

(7) a narrative description specifying adminis- 
trator's services performed in North Caro- 
lina; 

(8) a power of attorney duly executed by the 
administrator, if not domiciled in North 
Carolina, appointing the Commissioner of 
Insurance, and the Commissioner's duly au- 
thorized deputies as attorneys for the ad- 
ministrator in and for this state, upon whom 
process in any legal action or proceeding 
against the administrator on a cause of ac- 
tion arising in this state may be served; 

(9) a company check, certified check, or mo- 
ney order in the amount of twenty dollars 



($20.00), registration fee, payable to the 
North Carolina Department of Insurance; 
and 
(10) such other information as the department 
may reasonably require. 

Statutory Authority G.S. 58-9: 58-525: 58-527: 
58-529; 58-532; 58-536. 

.0204 APPLICATION FOR RENEWAL OF A 
CERTIFICATE OF REGISTRATION 

All applications for renewal of a certificate of 
registration must include: 

(1) application for administrator's renewal reg- 
istration (RTPA- 1-88); 

(2) all changes to the information contained in 
biographical form(s) (TPA-2-87); 

(3) all changes or additions to ownership, or- 
ganizational structure or location of the ad- 
ministrator; 

(4) all changes or additions to the service con- 
tracts entered into by the administrator; 

(5) financial statements must include a balance 
sheet, statement of income and a statement 
of cash flows for the administrator's most 
recent full fiscal year. Financial statements 
must be presented in the form of an audit, 
a review, or a compilation prepared by an 
independent certified public accountant. 
Financial statements of an administrator's 
parent company are acceptable if such pres- 
ent consolidating schedules for the adminis- 
trator, and if the certified public 
accountant's opinion letter does not disclaim 
association with the consolidating schedules; 

(6) a copy ef a fidelity covorago surety bond in 
an amount of one hundred thousand dollars 
($100,000) or more issued in the name of the 
administrator written by a company duly li- 
censed ef authorized to do business in North 
Carolina. Fidelity covorago ioouod m the 
namo ef the adminiotrator and its parent 
company, ef ioouod m the name ef the ad- 
miniotrator aed affiliated companies, is ae- 
coptablo if the fidolity cov e rag e is a» amount 
ef eee hundred thousand dollaro ($100,000) 
ef moro and the policy limit is ioouod e» a 
per occurrence basic (a copy ef the policy is 
r e quir e d); The surety bond is conditioned 
upon the performance by administrators of 
their obligation to insurers, self-funders and 
participants under their service contracts, 
and their compliance with the requirement 
of Article 41_ of Chapter 58 of the General 
Statutes of North Carolina as well as any 
applicable rules. A copy of the surety bond 
form is enclosed with the application and 
renewal package; and 



NORTH CAROLINA REGISTER 



568 



PROPOSED RULES 



(7) a company check, certified check, or money 
order in the amount of twenty dollars 
($20.00), renewal registration fee, payable to 
the North Carolina Department of Insur- 
ance. 

Statutory Authoritv G.S. 58-9; 58-525: 58-527; 
58-529; 58-532; 58-536. 

SECTION .0300 - FINANCIAL REQUIREMENTS 

.0304 SURETY BOND ISSUED BY 
LICENSED COMPANY 

The fidelity coverage surety bond required by 
G.S. 58-536(b) must be issued by an insurance 
company licensed Bf authorised to do business 
in North Carolina. Such cov e rag e muot be is- 
sued m tbe nam e »f toe administrator, »f the 
administrator a«4 parent company, »f the ad- 
ministrator a«4 affiliates a*to provide fe* notifi 
cation to toe Departm e nt ef Insuranc e 30 days 
ift advanc e ef- a»¥ termination, »f increas e e* de- 
cr e as e m toe amount thereof. A copy ef toe 
policy is required to be toed with toe department. 
The surety bond is conditioned upon the per- 
formance by administrators of their obligation to 
insurers, self-funders and participants under their 
service contracts, and their compliance with the 
requirement of Article 41 of Chapter 58 of the 
General Statutes of North Carolina as well as any 
applicable rules. 

Statutory Authority G.S. 58-9; 58- J 5; 58-29; 
58-536. 

TITLE 12 - DEPARTMENT OF JUSTICE 



No 



otice is hereby given in accordance with G.S. 
I50B-I2 that the Worth Carolina Criminal Justice 
Education and Training Standards Commission 
intends to amend rules cited as 12 NCAC 9 A 
.0/03; 9B .0104, .0209, .0226 - .0227, .0232 - 
.0233, .0304; 9C .0304, .0306, .0309, .0601; 9E 
.0107; adopt rules cited as 12 NCAC 9B .0234, 
.0312. 

1 he proposed effective date of this action is 
March 1, 1990. 

1 he public hearing will be conducted at 10:00 
a.m. on September 14, 1989 at Hearing Room of 
the Alcoholic Beverage Control Commission 
Building, 3322 Old Garner Road, Raleigh. Sorth 
Carolina. 

(^ omment Procedures: Any person interested in 
these rules may present oral or written comments 



relevant to the proposed action at the Public 
Rule-Making Hearing. Written statements not 
presented at the Hearing should be directed to the 
undersigned. The proposed rules are available for 
public inspection and copies may be obtained at 
the following address: 

Criminal Justice Standards Division 
North Carolina Department of Justice 

I West Morgan Street 

Room 123, Court of Appeals Building 

Post Office Drawer 149 

Raleigh, North Carolina 27602 

CHAPTER 9 - CRIMINAL JUSTICE 
EDUCATION AND TRAINING STANDARDS 

SUBCHAPTER 9A - CRIMINAL JUSTICE 

EDUCATION AND TRAINING STANDARDS 

COMMISSION 

SECTION .0100 - COMMISSION 
ORGANIZATION AND PROCEDURES 

.0103 DEFINITIONS 

The following definitions apply throughout this 
Chapter, except as modified in 12 NCAC 9A 
.0107 for the purpose of the commission's rule- 
making and administrative hearing procedures: 
(20) "Misdemeanor" means those criminal of- 
fenses not classified under the laws, statutes, 
or ordinances by toe North Carolina G e n 
e«4 Statutes, toe L'nited Stat e s Cod e , toe 
common lawr ©f to# courts as felonies. 
Misdemeanor offenses are classified by the 
commission as follows: 
(a) "Class A Misdemeanor" means an act 
committed or omitted in violation of any 
common law, duly enacted ordinance, 
criminal statute, or criminal traffic code 
of this state, or any other jurisdiction, ei- 
ther civil or military, for which the max- 
imum punishment allowable for the 
designated offense under the laws, stat- 
utes, or ordinances of the jurisdiction in 
which the offense occurred North Caro 
!+«* ©f its political subdivisions includes 
imprisonment for a term of not more than 
six months. Specifically excluded from 
this grouping of "class A misdemeanor" 
criminal offenses are motor vehicle or 
traffic offenses designated as misdemea- 
nors under Chapter 20 (Motor Vehicles) 
of the General Statutes of North Carolina, 
similar laws of other jurisdictions, or duly 
enacted ordinances of an authorized gov- 
ernmental entity with the exception of the 
offense of impaired driving (G.S. 
20-138.1) which is expressly included her- 
ein as a class A misdemeanor, if the de- 



569 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



(b) 



fendant was sentenced under punishment 
level three |G.S. 20-179(i)J, level four [G.S. 
20-179(j)|, or level five [G.S. 20-179(k)J. 

"Class B Misdemeanor" means an act 
committed or omitted in violation of any 
common law, criminal statute, or criminal 
traffic code of this state, or any other ju- 
risdiction, cither civil or military, for 
which the maximum punishment allow- 
able for the designated offense under the 
laws, a«4 statutes, or ordinances of the 
jurisdiction in which the offense occurred 
ef North Carolina includes imprisonment 
for a term of more than six months but 
not more than two years. Specifically ex- 
cluded from this grouping of "class B 
misdemeanor" criminal offenses are motor 
vehicles or traffic offenses designated as 
being misdemeanors under Chapter 20 
(Motor Vehicles) of the General Statutes 
of North Carolina or similar laws of other 
jurisdictions with the following ex- 
ceptions. Class B misdemeanor does ex- 
pressly include, either first or subsequent 
offenses of G.S. 20- 138(a) or (b), G.S. 
20-139 (persons under influence of drugs), 
G.S. 20-28(b) (driving while license per- 
manently revoked or permanently sus- 
pended), and G.S. 20-166 (duty to stop in 
event of accident). This definition further 
includes a violation of G.S. 20-138.1 (im- 
paired driving) if the defendant was sen- 
tenced under punishment level one [G.S. 
20- 179(g)) or punishment level two [G.S. 
20- 179(h)] for the offense. 



Statutory Authority G.S. I7C-2; 17C-6; I7C-10; 
153A-217. 

SUBCHAPTER 9B - STANDARDS FOR 

CRIMINAL JUSTICE EMPLOYMENT: 

EDUCATION: AND TRAINING 

SECTION .0100 - MINIMUM STANDARDS FOR 
CRIMINAL JUSTICE EMPLOYMENT 



CRIMINAL JUSTICE SCHOOLS AND 

CRIMINAL JUSTICE TRAINING PROGRAMS 

OR COURSES OF INSTRUCTION 

.0209 CRIMINAL JUSTICE INSTRUCTOR 
TRAINING 

(c) Each instructor training course shall include 
as a minimum the following identified topic areas 
and minimum instructional hours for each area: 
(7) Adult Learning Teaching 

Adults ~ 6 344 Hours 

f84 Adult Learning: '44** 

Learning Environm e nt 344 Houro 

(0) (8) Principles of Instruction: 
Demonstration Methods and 
Practical Exercise 6 Hours 

f40> (9) Methods and Strategies 

of Instruction 4 Hours 

(444 (10) The Evaluation Process 4 Hours 

(43) (1 1) Principles of Instruction: 
Audio-Visual Aids 8 Flours 

(44 H12) Student 10- Minute 

Talk and Video Critique 6 Hours 

(44) (13) Student Performance: 
First Thirty- Minute 

Presentation IVi Hours 

Second Thirty- Minute 

Presentation 7 Vi Hours 

Final Eighty- Minute 

Presentation 12 Hours 

f44) (14) Examination 1 'A Hours 

Statutory Authority G.S. I7C-6. 

.0226 SPECIALIZED INSTRUCTOR TRAINING 
- FIREARMS 

(c) Each applicant for specialized firearms in- 
structor training shall: 

(3) present a written endorsement by a de- 
partment head or certified school director 
indicating the student will be utilized to 
instruct firearms in a "Law Enforcement 
Officer's In-Service Firearms Training and 
Qualification Program"; and 

(4) possess a current valid CPR Certification. 



.0104 MEDICAL EXAMINATION 

(a) Each applicant for employment as a crimi- 
nal justice officer shall complete the commis- 
sion's Medical History Statement Form within 
430 days one year prior to employment by the 
employing agency and shall be examined by a 
physician licensed to practice medicine in North 
Carolina within 430 days one year prior to em- 
ployment by the employing agency. 

Statutory Authority G.S. 17C-6; 17C-10. 
SECTION .0200 - MINIMUM STANDARDS FOR 



Statutory Authority G.S. 17C-6. 

.0227 SPECIALIZED INSTRUCTOR TRAINING 
- DRIVING 

(c) Each applicant for specialized driver in- 
structor training shall: 

(3) possess a valid operator driver's license; 

(4) maintain a safe driving record where no 
more than four points have been assigned 
against the driving record within the past 
three years; and 

(5) possess a current valid CPR Certification. 



NORTH CAROLINA REGISTER 



570 



PROPOSED RULES 



Statutory Authority G.S. I7C-6. 

.0232 SPECIALIZED INSTRUCTOR TRAINING 

- DEFENSIVE TACTICS 

(c) Each applicant for specialized defensive 
tactics instructor training shall: 

(2) present a letter from a licensed physician 
stating the applicant's physical fitness to 
participate in the course; aft4r 

(3) present a written endorsement by a certi- 
fied school director indicating the student 
will be utilized to instruct defensive tactics 
in "Basic Recruit Training— Law Enforce- 
ment" courses; and 

(4) possess a current valid CPR Certification. 

Statutory Authority G.S. I7C-6. 

.0233 SPECIALIZED INSTRUCTOR TRAINING 

- PHYSICAL FITNESS 

(c) Each applicant for specialized physical fit- 
ness training shall: 

(3) present a letter from a physician stating 
fitness to participate in the course; and 

(4) possess a current valid CPR Certification. 

Statutory Authority G.S. I7C-6. 

.0234 BASIC TRAINING-JUVENILE 

DETENTION HOMES PERSONNEL 

(a) The basic training course for local confine- 
ment personnel who work in juvenile detention 
homes, either state or local, shall consist of a 
minimum of 78 hours of instruction presented 
during a single course offering not to exceed two 
weeks in length. 

(b) The basic training course for juvenile de- 
tention home officers shall include training in the 
following identified topical areas: 

(1) Course Orientation 2 Hours 

(2) Juvenile Law 4 Hours 

(3) Introduction to Reality 

Therapy 24 Hours 

(4) Suicide Prevention 4 Hours 

(5) Daily Supervision in a 

Juvenile Detention Center 6 Hours 

(6) Unarmed Self- Defense 20 Hours 

(7) One Rescuer 
Cardiopulmonary 

Resuscitation (CPR) 6 Hours 

(8) First Aid 8 Hours 

(9) Evaluation and Testing 2 Hours 
(10) Prevention of Communicable 

Diseases 2 Hours 

(c) The commission-accredited school that is 
accredited to offer the "Basic Training- -Juvenile 
Detention" course is: The North Carolina Divi- 
sion of Youth Services. 



Statutory Authority G.S. 17C-2; 17C-6; 17C-I0. 

SECTION .0300 - MINIMUM STANDARDS FOR 
CRIMINAL JUSTICE INSTRUCTORS 

.0304 SPECIFIC INSTRUCTOR 
CERTIFICATION 

(c) To qualify for and maintain any Specific 
Instructor Certification, an applicant must pos- 
sess a current valid CPR Certification. 

(d) $e) To qualify for Specific Instructor Certif- 
ication in the Emergency Medical Services top- 
ical area, an applicant is not required to meet the 
standards for issuance of General Instructor Cer- 
tification, but as a minimum, must qualify 
through one of the following two options: 

(1) The first option is: 

(A) hold current CPR instructor certif- 
ication through either the American Red 
Cross or the American Heart Association; 
and 

(B) hold current basic Emergency Medical 
Technician certification; and 

(C) have successfully completed the De- 
partment of Transportation's 40 hour 
EMT Instructor Course or equivalent 
within the last three years or hold a cur- 
rent North Carolina teaching certificate. 

(2) The second option is: 

(A) hold General Instructor Certification, 
either probationary status or full general 
instructor status, as specified in Rule 
.0303 of this Section; and 

(B) hold current CPR instructor certif- 
ication through either the American Red 
Cross or the American Heart Association; 
and 

(C) hold current basic EMT certification. 

(e) (4} To qualify for Specific Instructor Certif- 
ication in the Physical Fitness topical area, an 
applicant may become certified through one of 
the following two methods: 

(1) The fust method is: 

(A) hold General Instructor Certification, 
either probationary status or full general 
instructor status, as specified in Rule 
.0303 of this Section; and 

(B) successfully complete the pertinent 
commission-approved specific instructor 
training course; and 

(C) obtain the recommendation of a com- 
mission-recognized school director. 

(2) The second method is: 

(A) successfully complete the pertinent 
commission-approved specific instructor 
training course; and 



571 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



(B) obtain the recommendation of a com- 
mission-recognized school director; and 

(C) in addition to the requirements of both 
(2), (A) and (B) of this Rule, the applicant 
must meet one of the following qualifica- 
tions: 

(i) hold a current and valid North Ca- 
rolina Teacher's Certificate and hold a 
minimum of a baccalaureate degree in 
physical education and be actively 
teaching in physical education topics; 
or 
(ii) be presently instructing physical ed- 
ucation topics in a community college, 
college or university and hold a mini- 
mum of a baccalaureate degree in phy- 
sical education. 

(f) (e) Any existing commission-issued "Specific 
Instructor Certification - Physical Fitness" issued 
prior to July 1, 1989 is automatically extended 
with an expiration date of June 30, 1990. Any 
General Instructor having successfully completed 
the Specialized Physical Fitness Instructor 
Course and not having made application, must 
apply prior to July 1, 1990 in order for such 
course to be recognized for certification. Any 
instructor authorized to instruct in a "Basic Re- 
cruit Training -- Law Fnforcement" course after 
January 1, 1989 and before July 1, 1989 shall re- 
ceive credit for such teaching time to satisfy the 
probationary period requirements or to obtain 
renewal of "Specific Instructor Certification - 
Physical Fitness." 

(g) f£) To qualify for Specific Instructor Certif- 
ication in the State Youth Services Medical 
Emergencies topical area, an applicant is not re- 
quired to meet the standards for issuance of 
General Instructor Certification, but as a mini- 
mum, must qualify in the following manner: 

(1) have successfully completed a commission 
-accredited basic instructor training course 
or an equivalent instructor training course 
as determined by the commission within 
the 24 month period preceding applica- 
tion; and 

(2) hold current instructor certification in 
CPR and First Aid by fulfillment of the 
American Red Cross Instructor require- 
ments. 

Statutory Authority G.S. 17C-6. 



hour minimum requirement. The Director may 
grant such extensions on a one time basis only 
not to exceed 12 months. For purposes of this 
Rule, just cause means accident, illness, emer- 
gency, course cancellation, or other exceptional 
circumstances which precluded the instructor 
from fulfilling the teaching requirement. 

Statutory Authority G.S. I7C-6. 

SUBCHAPTER 9C - ADMINISTRATION OF 

CRIMINAL JUSTICE EDUCATION AND 

TRAINING STANDARDS 

SECTION .0300 - CERTIFICATION OF 
CRIMINAL JUSTICE OFFICERS 

.0304 GENERAL CERTIFICATION 

(d) For local confinement personnel of juvenile 
either state or local^ in service 



detention homes, 



prior to January j^ 199Q, the Commission shall 
grant General Certification to all local confine- 
ment personnel officially appointed and in juve- 
nile detention homes with any political 
subdivision of the state on December 31, 1989. 
Such personnel shall be exempt from the pro- 
visions of Rules .0301, .0302 and .0303 of this 
Section and from basic training requirements ap- 
plicable to those certified as probationary offi- 
cers. Any personnel wishing to take advantage 
of the privilege granted by this Paragraph shall 
apply on or before March 31, 1990 and all Gen- 
eral Certifications granted after that date shall be 
as prescribed in this Section. 

(e) (4) General certification is continuous from 
the date of issuance, so long as: 

(1) The certified officer remains continuously 
employed or appointed as a criminal jus- 
tice officer in good standing with an 
agency and the certification has not been 
terminated for cause; or 

(2) The certified officer, having separated in 
good standing from a criminal justice 
agency, is re-appointed or re-employed as 
a criminal justice officer within one year, 
and the certification has not been termi- 
nated for cause; and 

(3) The certified officer meets the in-service 
training requirements as prescribed in 12 
NCAC 9E during each full calendar year 
of certification. 



.0312 INSTRUCTOR CERTIFICATION 
RENEWAL 

Individuals who hold full-general instructor 
certification or full- specific instructor certification 
may, for just cause, be granted an extension of 
the two-year period to successfully teach the four 



Statutory Authority G.S. 17C-2; I7C-6; I7C-I0. 

.0306 LATERAL TRANSFER OF LAW 
ENFORCEMENT OFFICERS 

(b) Prior to transfer of certification, the law 
enforcement officer shall: 



NORTH CAROLINA REGISTER 



572 



PROPOSED RULES 



(1) complete a Medical History Statement 
Form within 4-2Q days one year prior to 
the transfer to the employing agency; 

(2) submit to examination by a physician li- 
censed to practice medicine in North Ca- 
rolina in the same manner prescribed for 
non-certified new applicants in 12 NCAC 
9B .0104 within 4-2Q days one year prior 
to the transfer to the employing agency; 

(3) submit results of the physical examination 
to the employing agency for placement in 
the officer's permanent personnel file; and 

(4) submit a copy of the commission's annual 
in-service training report form to the em- 
ploying agency for placement in the offi- 
cer's permanent personnel file when the 
duty and off duty weapon(s) remain the 
same as those previously used to qualify. 
Such in-service training compliance must 
have occurred within the 12 month period 
preceding transfer; or 

(5) satisfactorily complete the employing 
agency's in-service firearms training pro- 
gram as prescribed in Rules 9E .0105 and 
9E .0106. 

Statutory Authority G.S. 17C-6; J7C-J0. 

.0309 LATERAL TRANSFER OF LOCAL 
CONFINEMENT PERSONNEL 

(b) Prior to transfer of certification, local con- 
finement personnel shall: 

(1) complete a Medical History Statement 
Form within 4-2Q day* one year prior to 
the transfer to the employing agency; 

(2) submit to examination by a physician li- 
censed to practice medicine in North Ca- 
rolina in the same manner prescribed for 
non-certified new applicants in 12 NCAC 
9B .0104 within 440 days one year prior 
to the transfer to the employing agency; 

(3) submit results of the physical examination 
to the employing agency for placement in 
the individual's permanent personnel file. 

Statutory Authority G.S. 17C-2; 17C-6; 17C-10. 

SECTION .0600 - EQUIPMENT AND 
PROCEDLRES 

.0601 APPROVED SPEED-MEASURING 
INSTRUMENTS 

(a) The following speed instruments are ap- 
proved for radio microwave (radar) use, provided 
they are not equipped with dual antennas: 
(34) Kustom PRO- 1000 Moving Stationary 

Statutory Authority G.S. 17C-6. 



SUBCHAPTER 9E - IN-SERVICE TRAINING 
PROGRAMS 

SECTION .0100 - LAW ENFORCEMENT 
OFFICER'S IN-SERVICE TRAINING PROGRAM 

.0107 FAILURE TO QUALIFY 

(a) Where an officer is employed with an 
agency that establishes a higher standard for an- 
nual in-service firearms training than the mini- 
mum specified in this Subchapter and the officer 
has failed to meet the requirements of the em- 
ploying agency as of December 3 1 of each calen- 
dar year, such officer shall be required to meet 
the requirements of this Rule and the higher 
standard of the employing agency for continued 
employment. »* Prior to transfer to another 
agency, the officer shall be required to meet the 
requirements of this Rule and the requirements 
of the subsequent agency, if the subsequent 
agency requires a higher standard for annual in- 
service firearms training than the minimum re- 
quired in Rules .0105 and .0106 of this Section. 

Statutory Authority G.S. 17C-6; 17C-10. 

TITLE 14A - DEPARTMENT OF CRIME 
CONTROL AND PUBLIC SAFETY 



1\ otiee is hereby ghen in accordance with G.S. 
150B-12 that the Department of Crime Control 
and Public Safety Division of Victim and Justice 
Services intends to amend rule cited as 14A 
NCAC 11 .0503. 



Th 



he proposed effectfve date of this action is De- 
cember 1, 1989. 

1 he public hearing will be conducted at 10:00 
a.m. on September 14, 19S9 at Library, Second 
Floor, Archdale Building, 512 N. Salisbury Street, 
Raleigh, North Carolina. 

C omment Procedures: Any interested person 
may present comments relevant to the action pro- 
posed at the public hearing either in written or oral 
form. Written statements not presented at the 
public hearing must be directed prior to Septem- 
ber 14, 19S9 to the Administrative Procedures 
Coordinator, Second Floor, Archdale Building, 
512 N. Salisbury Street, Raleigh or P.O. Box 
27687, Raleigh, NC 27611. 

CHAPTER 11 - DIVISION OF VICTIM AND 
JUSTICE SERVICES 

SECTION .0500 - CRIME VICTIMS 
COMPENSATION COMMISSION 



573 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



.0503 DETERMINING COMPENSATION 

(a) A claimant shall only be compensated fof 
Qconomic loos. Non economic detriment shall 
net b» comp e nsated. 

(&} Claimo arising etrt »f motor vehicl e acci 
dents »f collisions shall be denied. 

(«) The Director and the Commission shall use 
the fee schedule published by the Industrial 
Commission for medical, surgical, hospital, 
nursing, dental, and other treatment when deter- 
mining an award. The Commission or Director 
may, in special hardship cases where sufficient 
reason is demonstrated, award fees in excess of 
this schedule. 

Statutory Authority G.S. 15B-4; 15B-6; 15B-7; 
I5B-8; 15B-10; 15B-II; S.L. 1987, c. 819, s. 35; 
S.B. 26, Ch. 322. 

TITLE 15 - DEPARTMENT OF NATURAL 

RESOURCES AND COMMUNITY 

DEVELOPMENT 



IS otice is hereby given in accordance with G.S. 
J SOB- J 2 that the Division of Coastal Management 
intends to amend rule cited as IS NCAC 7H 
.0308. 



1 he proposed effective date of this action is De- 
cember 1, 1989. 

1 he public hearing will be conducted at 10:00 
a.m. on September 28, 1989 at The Coastline 
Convention Center, 501 Nutt Street, Suite I, 
Wilmington, NC 28401. 

Comment Procedures: All person interested in 
these matters are invited to attend the public 
hearing. The Coastal Resources Commission will 
receive written comments up to the date of the 
hearing. A ny persons desiring to present lengthy 
comments is requested to submit a written state- 
ment for inclusion in the record of proceedings at 
the public hearing. Additional information con- 
cerning the hearing or the proposals may be ob- 
tained by contacting: Portia Rochelle, Division 
of Coastal Management, P.O. Box 27687, Ra- 
leigh, NC 27611-7687 (919) 733-2283. 



CHAPTER 7 - COASTAL MANAGEMENT 

SUBCHAPTER 7H - STATE GUIDELINES FOR 
AREAS OF ENVIRONMENTAL CONCERN 

SECTION .0300 - OCEAN HAZARD AREAS 



.0308 SPECIFIC USE STANDARDS 

(a) Ocean Shoreline Erosion Control Activities: 
(1) Use Standards Applicable to all Erosion 
Control Activities: 
(M) Erosion control structures that would 
otherwise be prohibited by these standards 
may be permitted on tinding that: 
(i) the erosion control structure is nec- 
essary to protect a bridge which pro- 
vides the only existing road access to a 
substantial population on a barrier is- 
land; that is vital to public safety; and 
is imminently threatened by erosion; 
(ii) the preferred erosion control meas- 
ures of relocation, beach nourishment 
or temporary stabilization are not ade- 
quate to protect public health and saf- 
ety; and 
(iii) the proposed erosion control meas- 
ure will have no adverse impacts on 
adjacent properties in private ownership 
and will have minimal impacts on pub- 
lic use of the beach. 

Statutory Authority G.S. 113A-107 (a); 113A- 
107 (b); 113A-I13 (b) (6) a., b., d.; 113A-124. 



****************** 



No 



otice is hereby given in accordance with G.S. 
150B-12 that the North Carolina Wildlife Re- 
sources Commission intends to amend rule(s) 
cited as 15 NCAC 10B .0105, .0118; 10C .0305: 
10F .0308; and intends to adopt rule(s) cited as 
15 NCAC 10J .0001 ■ .0004. 

1 he proposed effective date of this action is De- 
cember I, 1989. 

1 he public hearing will be conducted at 10:00 
a.m. on October 2, 1989 at Room 386, Archdale 
Building, 512 N. Salisbury Street, Raleigh, North 
Carolina. 

Cx omment Procedures: Interested persons may 
present their views either orally or in writing at the 
hearing. In addition, the record of hearing will 
be open for receipt of written comments from 
September 18, 1989 to October 17, 1989. Such 
written comments must be delivered or mailed to 
the N.C. Wildlife Commission, 512 N. Salisbury 
St., Raleigh, NC 2761 1. 

CHAPTER 10 -WILDLIFE RESOURCES AND 
WATER SAFETY 



NORTH CAROLINA REGISTER 



574 



PROPOSED RULES 



SUBCHAPTER I OB - HUNTING AND 
TRAPPING 

SECTION .0100 - GENERAL REGULATIONS 

.0105 MIGRATORY GAME BIRDS 

(a) Cooperative State Rules 

(1) The taking of sea ducks (scoter, eider and 
old squaw) during any special federally- 
announced season for these species shall 
be limited to the waters of the Atlantic 
Ocean, and to those coastal waters south 
of US 64 which are separated by a dis- 
tance of at least 800 yards of open water 
from any shore, island or marsh. 

(2) The extra daily bag and possession limits 
allowed by the federal regulations on 
scaup apply in all coastal waters east of 
U.S. Highway 17, except Currituck Sound 
north of US 158. 

(3) Tundra swans may be taken during the 
open season by permit only subject to li- 
mitations imposed by the U. S. Fish and 
Wildlife Service. A limited number of 
nontransferable swan permits will be is- 
sued by the Wildlife Resources Commis- 
sion without charge to as many applicants 
who will be selected at random by com- 
puter, and only one swan may be taken 
under each permit which must be can- 
celled at the time of the kill by cutting out 
the month and day of the kill. Accom- 
panying the permit is a metal tag which 
must be affixed at the base of the right 
wing of the swan at the time and place of 
the kill. In addition, a preaddressed 
post-paid card is supplied to each permit- 
tee on which to report the number of days 
hunted and the details of the kill if made. 
It is unlawful to hunt swans without hav- 
ing the permit and the tag in possession 
or to possess a swan without the cancelled 
permit in possession and the tag properly 
affixed to the swan. It is unlawful to 
possess a swan permit or tag while hunt- 
ing that was assigned to another person 
or to alter the permit or tag in anv way 
other than cutting out the proper month 
and day of kill. 

(4) Canada geese may be taken west of 1-95 
during the open season by permit holders 
onlv subject to limitations imposed bv the 
U.S. Fish and Wildlife Service. Permits 
will be issued by the North Carolina 
Wildlife Resources Commission. It is 
unlawful to hunt or possess Canada geese 
west of 1-95 without having the permit in 
possession. It is unlawful to possess a 
Canada goose permit while hunting that 



was assigned to another person or to alter 
the permit in anv way. 

Authority G.S. 113-134; 113-274; 113-291.1; 50 
C.F.R. 20.21; 50 C.F.R. 20.105. 

.0118 SALE OF WILDLIFE 

(a) The carcasses or pelts of bobcats, opossums 
and raccoon which have been lawfully taken by 
any hunting method, upon compliance with ap- 
plicable fur tagging requirements set forth in 15 
NCAC 10B .0400, may be sold to licensed fur 
dealers. The sale of carcasses or pelts of bobcats, 
opossum and raccoon killed accidentally or taken 
by hunting for control of depredations is permit- 
ted under the conditions set forth in 15 NCAC 
10B .0106(d)(4). 

(b) Except as otherwise provided in Paragraph 
(a) of this Rule, the sale of game birds and game 
animals or parts thereof is prohibited, except that 
processed products made from lawfully acquired 
game birds or game animals which are not readily 
identifiable as game birds or game animals or 
parts thereof mav be sold provided that no label 
or advertisement identifies the product as a game 
bird or game animal, or part thereof. 



Statutory Authority G.S. 
113-291.3. 



113-134; 113-273; 



SUBCHAPTER 10C - INLAND FISHING 
REGULATIONS 

SECTION .0300 - GAME FISH 

.0305 OPEN SEASONS: CREEL AND 
SIZE LIMITS 

(a) Generally. Subject to the exceptions listed 
in Paragraph (b) of this Rule, the open seasons 
and creel and size limits are as indicated in the 
following table: 



GAME FISHES 


DAILY CREEL 
LIMITS 


Mountain Trout 
(.All Species) 


7 
(exeptn. 3) 


Muskellunge 
and Tiger Musky 


2 


Chain Pickerel 
(Jack) 


None 

(exeptn. 1 ) 


Walleye 


8 

(exeptn. 9 
and 10) 



Sauger 



575 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



Black Bass: 
Largcmouth 


8 

(excptn. 8 
and 10) 


Smallmouth 
and Spotted 


8 

(excptn. 8 
and 10) 


White Bass 


25 
(excptn. 1) 


Sea Trout (Spot- 
ted or Speckled) 


None 


Striped Bass 
and their hybrids 
(Morone Hybrids) 


8 aggregate 
(exc. 1 and 6) 


Kokanee Salmon 


7 


Panfishes 


None 
(excptn. 5) 



NONGAME FISHES None 



MINIMUM 
SIZE LIMITS 

None 
(excptn. 3) 



30 in. 

None 

None 
(excptn. 9) 

15 in. 



14 in. 

(excptns. 4, 
8 and 11) 

12 in. 

(excptns. 4, 
8 and 11) 



OPEN SEASON 
(EXCPTN. 2) 

All year, except 
March 1 to 1/2 
hr. before 
sunrise on 
first Saturday 
in April 
(excptns. 2 and 3) 

ALL YEAR 

ALL YEAR 

ALL YEAR 



ALL YEAR 

Black Bass: 
ALL YEAR 

(excptn. 13) 



ALL YEAR 



None 


ALL YEAR 


None 


ALL YEAR 


16 in. 


ALL YEAR 


(exc. 1 and 12) 




None 


ALL YEAR 


None 


ALL YEAR 




(excptn. 5) 


None 


ALL YEAR 




(excptn. 7) 


(b) Exceptions: 
(13) In Cane Creek Reservoir (Orange 
County) the season for taking largemouth 
bass is closed. 


Statutory Authority 
113-304; 113-305. 


G.S. 113-134; 113-292; 



SUBCHAPTER 10F - MOTORBOATS AND 
WATER SAFETY 

SECTION .0300 - LOCAL WATER SAFETY 
REGULATIONS 

.0308 CLAY COUNTY 

(a) Regulated Area. This Rule applies to that 
portion of Lake Chatuge which is located within 
the boundaries of Clay County. 

(b) Restricted Swimming Areas. No person 
operating or responsible for the operation of a 
vessel shall permit it to enter any marked public 
swimming area established with the approval of 
the Executive Director, or his representative, on 
the regulated area. 

(c) Speed Limit. It is unlawful to operate any 
motorboat or vessel at a speed greater than no- 
wake speed within 50 yards of the High Bridge, 
Gibson Cove access area, Chatuge Cove Com- 
plex H Marina, Lakeside Cottages and Marina, 
and Chatuge Dam Spillway access area located 
on the regulated area. 

(d) Placement and Maintenance of Markers. 
The Board of Commissioners of Clay County is 
designated a suitable agency for placement and 
maintenance of the markers implementing this 
Rule, subject to the approval of the United States 
Coast Guard and the United States Army Corps 
of Engineers. With regard to marking Lake 
Chatuge, supplementary standards as set forth in 
Rule .0301(g)(1) to (7) of this Section shall apply. 

Statutory Authority G.S. 75A-3; 75A-15. 



NORTH CAROLINA REGISTER 



576 



PROPOSED RULES 



SUBCHAPTER 10J -WILDLIFE 
CONSERVATION AREA REGULATIONS 

.0001 DESIGNATION OF WILDLIFE 
CONSERVATION AREAS 

For the purposes of these regulations, wildlife 
conservation areas are defined as any lands 
owned, leased, controlled, or cooperatively man- 
aged by the Wildlife Resources Commission pri- 
marily for the conservation of nongame wildlife 
resources including those areas designated and 
posted as Wildlife Conservation Areas and those 
designated and posted as Colonial Waterbird 
Nesting Areas. 



Statutory Authority G.S. 113-134; 
113-291.2; 113-305; 113-306. 



113-264; 



.0002 GENERAL REGULATIONS REGARDING 
USE OF CONSERVATION AREAS 

(a) Trespass. Entry on areas posted as Wildlife 
Conservation Areas for purposes other than 
wildlife observation, hunting, trapping or fishing 
shall be as authorized by the landowner and there 
shall be no removal of any plants or parts ther- 
eof, or live or dead nongame wildlife species or 
parts thereof, or other materials, without the 
written authorization of the landowner: Re- 
strictions. On those areas designated and posted 
as Colonial Waterbird Nesting Areas, entry is 
prohibited during the period of April 1 through 
August 31 of each year, except by written per- 
mission of the landowner. Entry into Colonial 
Waterbird Nesting Areas during the period of 
September 1 through March 31 will be as au- 
thorized by the landowner. 

(b) Littering. No person shall deposit any lit- 
ter, trash, garbage, or other refuse at any place 
on any wildlife conservation area except in re- 
ceptacles provided for disposal of such refuse. 
No garbage dumps or sanitary landfills shall be 
established on any wildlife conservation area by 
any person, firm, corporation, county or muni- 
cipality, except as permitted by the landowner. 

(c) Possession of Hunting Devices. It is un- 
lawful to possess a firearm or bow and arrow on 
a designated wildlife conservation area at any 
time except during the open hunting seasons or 
hunting days for game birds or game animals 
thereon unless such device is cased or not imme- 
diately available for use, provided that such de- 
vices may be possessed in designated camping 
areas for defense of persons and property; and 
provided further that .22 caliber pistols with bar- 
rels not greater than seven and one-half inches in 
length and shooting only short, long, or long rifle 
ammunition may be carried as side arms on des- 
ignated wildlife conservation areas at anv time 



other than by hunters during the special bow and 
arrow and muzzle-loading firearms deer hunting 
seasons. This Rule shall not prevent possession 
or use of bow and arrow as a licensed special 
fishing device is those waters where such use is 
authorized. During the closed firearms seasons 
on big game (deer, bear, boar, wild turkey), no 
person shall possess a shotgun shall containing 
larger than No. 2 steel shot or No. 4 lead shot 
or any rifle or pistol larger than a .22 caliber 
rimfire while on a designated wildlife conserva- 
tion area. No person shall hunt with or have in 
possession any shotgun shell containing lead or 
toxic shot while hunting waterfowl on any area 
designated and posted as a wildlife conservation 
area. 

(d) License Requirements: 

(1) Hunting, Trapping and Fishing: 

(A) Requirement. Except as provided in 
Paragraph (d)(1)(B) of this Rule, any 
person entering upon any designated 
wildlife conservation area for the purpose 
of hunting, trapping or fishing must have 
in his possession a game lands use license 
in addition to the appropriate hunting, 
trapping, or fishing licenses. 

(B) Exception. A person under 16 years 
of age may hunt on designated wildlife 
conservation areas on the license of his 
parent or legal guardian. 

(2) Trout Fishing. Any person 16 years of 
age or over, including an individual fishing 
with natural bait in the county of his res- 
idence, entering a designated wildlife con- 
servation area for the purpose of fishing 
in designated public mountain trout wa- 
ters located thereon must have in his pos- 
session a regular fishing license and special 
trout license. The resident and nonresi- 
dent sportsman's licenses and short-term 
comprehensive fishing licenses include 
trout fishing privileges on designated 
wildlife conservation areas. 

(e) Training Dogs. Dogs may not be trained 
on designated wildlife conservation areas except 
during open hunting seasons for game animals 
or game birds thereon. Dogs may not be allowed 
to enter any wildlife conservation area designated 
and posted as a colonial waterbird nesting area 
during the period of April 1 through August 31. 

(f) Trapping. Subject to the restrictions con- 
tained in 15 NCAC 10B .0110, .0302, and .0303, 
trapping of furbearing animals is permitted on 
any area designated and posted as a wildlife con- 
servation area during the applicable open sea- 
sons, except that trapping is prohibited: 

(1) on the Nona Pitt Hinson Cohen Wildlife 
Conservation Area in Richmond County; 



577 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



(2) in posted "safety zones" located on any 
Wildlife Conservation Area. 

(g) Use of Weapons. No person shall hunt or 
discharge a firearm or bow and arrow from a ve- 
hicle, or within 200 yards of any building or des- 
ignated camping areas, or within, into, or across 
a posted "safety zone" on any designated wildlife 
conservation area. No person shall hunt with 
or discharge a firearm within, into, or across a 
posted "restricted zone" on any designated wild- 
life conservation area. 

(h) Vehicular Traffic. No person shall drive a 
motorized vehicle on a road, trail or area posted 
against vehicular traffic or other than on roads 
maintained for vehicular use on any designated 
wildlife conservation area. 

(i) Camping. No person shall camp on any 
designated wildlife conservation area except on 
an area designated by the landowner for camping. 
On the coastal islands designated wildlife conser- 
vation areas, camping will be allowed except on 
those areas designated and posted as Colonial 
Waterbird Nesting Areas. 

(j) Swimming. Swimming is prohibited in the 
waters located on designated wildlife conserva- 
tion areas, except that swimming is allowed in 
waters adjacent to coastal island wildlife conser- 
vation areas. 

(k) Motorboats. No person shall operate any 
vessel powered by an internal combustion engine 
on the waters located on designated wildlife con- 
servation areas. 

Statutory Authority G.S. 113-134; 113-264; 
113-270.3; 113-291.2; 113-291.5; 113-305; 113- 
306. 

.0003 HUNTING ON WILDLIFE 
CONSERVATION AREAS 

(a) Safety Requirements. No person while 
hunting on any area designated and posted as a 
wildlife conservation area shall be under the in- 
fluence of alcohol or any narcotic drug. 

(b) Tree Stands. It is unlawful to erect or to 
occupy, for the purpose of hunting, any tree 
stand or platform attached by nails, screws, bolts 
or wire to a tree on any area designated and 
posted as a wildlife conservation area. This pro- 
hibition shall not apply to lag-screw steps or 
portable stands that are removed after use with 
no metal left remaining in or attached to the tree. 

(c) Time and Manner of Taking. Except where 
closed to hunting or limited to specific dates by 
these regulations, hunting on areas designated 
and posted as wildlife conservation areas is per- 
mitted during the open season for the game or 
furbearing species being hunted. Waterfowl 
hunters shall not enter the areas earlier than 4:00 



a.m. on the permitted hunting dates, and hunting 
is prohibited after 1:00 p.m. on such hunting 
dates; decoys may not be set out prior to 4:00 
a.m. and must be removed by 3:00 p.m. each 
date. No person shall operate any vessel or ve- 
hicle powered by an internal combustion engine 
on the waters of any area designated and posted 
as a wildlife conservation area. No person shall 
attempt to obscure the sex or age of any bird or 
animal taken by severing the head or any other 
part thereof, or possess any bird or animal which 
has been so mutilated. No person shall place, 
or cause to be placed on any area designated and 
posted as a wildlife conservation area, salt, grain, 
fruit, or other foods without prior written au- 
thorization of the Commission or its agent and 
no person shall take or attempt to take any game 
birds or game animals attracted to such foods. 
No person shall use an electronic calling device 
for the purpose of attracting wild birds or wild 
animals. No live wild animals or wild birds shall 
be removed from any designated wildlife conser- 
vation area except with the written permission 
of the landowner, 
(d) Hunting Dates: 

(1) Any game may be taken during the open 
seasons on the following wildlife conser- 
vation areas and hunting is limited to 
Mondays, Wednesdays, Saturdays and 
Thanksgiving, Christmas and New Years 
Days. In addition, deer may be taken 
with bow and arrow on the opening day 
of the bow and arrow season for deer. 
Raccoon and opossum hunting may con- 
tinue until 7:00 a.m. on Tuesdays, until 
7:00 a.m. on Thursdays, and until mid- 
night on Saturdays. Addition restrictions 
apply as indicated in parentheses follow- 
ing specific designations: 

NO WILDLIFE CONSERVATION 
AREAS LISTED AT THIS TIME 

(2) Except as otherwise indicated, the follow- 
ing designated wildlife conservation areas 
or indicated portions thereof are closed to 
all hunting: Richmond County - Nona 
Pitt Hinson Cohen Wildlife Conservation 
Area. 

Statutory Authority G.S. 1/3-/34; 113-264; 
113-291.2; 113-291.5; 113-305. 

.0004 FISHING ON WILDLIFE 
CONSERVATION AREAS 

(a) Generally. Except as otherwise indicated 
herein, fishing on designated wildlife conservation 
areas which are open to fishing shall be in ac- 



NORTH CAROLINA REGISTER 



578 



PROPOSED RULES 



cordance with the statewide regulations. All de- 
signated wildlife conservation areas are open to 
public fishing except restocked ponds when 
posted against fishing. No trotline or set-hook 
nor any net, trap, gig or other special fishing de- 
vice of a type mentioned in 15 NCAC IOC .0403 
except bow and arrow may be used in any of the 
impounded waters or free-running streams lo- 
cated on designated wildlife conservation areas, 
(b) Designated Public Mountain Trout Waters: 
Fishing Hours. It is unlawful to fish in desig- 
nated public mountain trout waters on any des- 
ignated wildlife conservation area from one-half 
hour after sunset to one-half hour before sunrise. 



Statutory Authority G.S. 
113-272; 113-292; 113-305. 



113-134; 113-264; 



****************** 



IS otice is hereby given in accordance with G.S. 
1 SOB- 12 that the North Carolina Wildlife Re- 
sources Commission intends to amend rule cited 
as 15 NCAC 1 OF .0345. 

1 he proposed effective date of this action is De- 
cember 1, 1989. 

1 he public hearing will be conducted at 10:00 
a.m. on September 14, 1989 at Room 386, Arch- 
dale Building, 512 N. Salisbury Street, Raleigh. 
North Carolina. 



Cc 



omment Procedures: Interested persons may 
present their views either orally or in writing at the 
hearing. In addition, the record of hearing will 
be open for receipt of written comments from Au- 
gust 30, 1989 to September 29. 1989. Such writ- 
ten comments must be delivered or mailed to the 
N.C. Wildlife Commission, 512 S. Salisbury 
Street, Raleigh, NC 276/1. 

CHAPTER 10 - WILDLIFE RESOURCES AND 
WATER SAFETY 

SUBCHAPTER 10F - MOTORBOATS AND 
WATER SAFETY 

SECTION .0300 - LOCAL WATER SAFETY 
REGULATIONS 



.0345 CHATHAM AND WAKE COUNTIES 

(a) Regulated Areas. This Rule applies to the 
following waters of the Shearon Harris Nuclear 
Power Plant Reservoir, otherwise known as Statutory Authority G.S. 75A-3; 75A-15 



Harris Reservoir, which is located in the counties 
of Chatham and Wake: 

(1) All waters within 50 yards of any marked 
boat launching ramp, pier, dock, mooring 
area, boat storage structure, bridge, or 
service area. 

(2) The cove located in Chatham County en- 
compassing approximately ten acres 
wherein a Wildlife Resources Commission 
access area is located as indicated bv 
markers placed and maintained bv the 
Wildlife Resources Commission. 

(b) Restricted Zones. Except for authorized 
personnel of the power company, no person shall 
operate a motorboat or vessel in any restricted 
zone which is marked to prevent entry by boats. 

(c) Mast Height. No person shall place or 
operate on the regulated area described in Para- 
graph (a) of this Rule any sailboat or other vessel 
having a mast or any superstructure extending 
vertically above water level a distance of 35 feet 
or more. 

(d) Speed Limit. Except as provided m Para 
graph fe) &f tois Piule, No person shall operate a 
vessel at greater than no -wake speed within anv 
of SQ yards ef aȴ marked boat launching ramp. 
piefr boat storag e structure, ef s e rvice area »» the 
regulated areas described in Paragraph (a) of this 
Rule. 

(e) Skiing. Exc e pt to leav e ©f r e turn to toe 
shor e &f a boat launching ramp, »» skiing is 
permitted within a«¥ speed zone described » 
Paragraph (4^ »f tois Rule, to leaving &? Fe- 
tuming to to^ shor e e# boat ramp, a& vessels 
pulling ski e rs must be op e rat e d e» a cours e pe^- 
p e ndicular to toe shore feer Upon dropping 
skiers within aft¥ such speed zone, toe boat speed 
shall be reduced to no wake speed. 

($ (ej_ Swimming Areas. No person shall oper- 
ate any vessel or water skis within a marked 
public swimming area. 

fg} (fj Placement and Maintenance of Markers. 
The Board of Commissioners of Chatham 
County and the Board of Commissioners of 
Wake County are designated suitable agencies for 
placement and maintenance of markers imple- 
menting this Rule within their respective coun- 
ties. Provided the said boards exercise their 
supervisory responsibilities, they may delegate 
the actual placement and maintenance to some 
other responsible agency, corporation, group or 
individual. With regard to marking the regulated 
areas described in Paragraph (a) of this Rule, the 
supplementary standards set forth in Rule 
.0301(g) of this Section shall apply. 



579 



NORTH CAROLINA REGISTER 



NC AC INDEX 



TITLE/MAJOR DIVISIONS OF THE NORTH CAROLINA ADMINISTRATIVE CODE 
TITLE DEPARTMENT 



1 

2 
3 

4 
5 

6 
7 
8 

9 
10 
11 
12 
13 
14A 
15 
16 
17 
18 
19A 
20 
♦21 
22 
23 
24 
25 
26 



Administration, Department of 

Agriculture, Department of 

Auditor, Department of State 

Commerce, Department of 

Corrections, Department of 

Council of State 

Cultural Resources, Department of 

Elections, State Board of 

Governor, Office of the 

Human Resources, Department of 

Insurance, Department of 

Justice, Department of 

Labor, Department of 

Crime Control and Public Safety, Department of 

Natural Resources and Community Development, Department of 

Public Education, Department of 

Revenue, Department of 

Secretary of State, Department of 

Transportation, Department of 

Treasurer, Department of State 

Occupational Licensing Boards 

Administrative Procedures 

Community Colleges, Department of 

Independent Agencies 

State Personnel, Office of 

Administrative Hearings, Office of 



NOTE: Title 21 contains the chapters of the various occupational licensing boards. 
CHAPTER LICENSING BOARDS 



2 
4 
6 
8 

10 
12 
14 
16 
IS 
20 
21 
22 
26 
28 
31 
i2 
33 
34 
36 
37 
38 
40 
42 



Architecture, Board of 

Auctioneers, Commission for 

Barber Examiners, Board of 

Certified Public Accountant Examiners, Board of 

Chiropractic Examiners, Board of 

General Contractors, Licensing Board for 

Cosmetic Art Examiners, Board of 

Dental Examiners, Board of 

Electrical Contractors, Board of Examiners of 

Foresters, Board of Registration for 

Geologists, Board of 

I Iearing Aid Dealers and Fitters Board 

Landscape Architects, Licensing Board of 

Landscape Contractors, Registration Board of 

Martial & Family Therapy Certification Board 

Medical Examiners, Board of 

Midwifery Joint Committee 

Mortuary Science, Board of 

Nursing, Board of 

Nursing I lome Administrators, Board of 

Occupational Therapists, Board of 

Opticians, Board of 

Optometry, Board of Examiners in 



NORTH CAROLINA REGISTER 



580 



NC AC INDEX 



44 Osteopathic Examination and Registration, Board of 

46 Pharmacy, Board of 

48 Physical Therapy Examiners, Board of 

50 Plumbing and Heating Contractors, Board of 

52 Podiatry Examiners, Board of 

53 Practicing Counselors, Board of 

54 Practicing Psychologists, Board of 

56 Professional Engineers and Land Surveyors, Board of 

58 Real Estate Commission 

60 Refrigeration Examiners, Board of 

62 Sanitarian Examiners, Board of 

63 Social Work, Certification Board for 

64 Speech and Language Pathologists and 

Audiologists, Board of Examiners of 

66 Veterinary Medical Board 



581 NOR TH CAROLINA REGIS TER 



CUMULA TIVE INDEX 



CUMULA TIVE INDEX 

(April 1989 - March 1990) 



1989 - 1990 

Pages Issue 

1 - 151 1- April 

152 - 192 2- April 

193 - 216 3- May 

217 - 289 4- May 

290 - 311 5- June 

312 - 364 6- June 

365 - 454 7- July 

455 - 477 8- July 

478- 521 9- August 

522 - 584 10- August 



AO - Administrative Order 

AG - Attorney General's Opinions 

C - Correction 

FR - Final Rule 

GS - General Statute 

JO - Judicial Orders or Decision 

M - Miscellaneous 

NP - Notice of Petitions 

PR - Proposed Rule 

SO - Statements of Organization 

TR - Temporary Rule 



ADMINISTRATIVE ORDER 

Administrative Order, 4, 152 

AGRICULTURE 

Cotton Warehouse, 220 PR 

Markets, 217 PR, 546 PR 

N.C. Pesticide Board, 292 PR 

N.C. Plant Conservation Board, 196 PR 

N.C. State Fair, 217 PR 

Plant Industry, 153 PR, 218 PR 

COMMERCE 

Finance Center, 368 PR 

N.C. Cemetery Commission, 198 PR 

N.C. Milk Commission, 455 PR 

COMMUNITY COLLEGES 

Board of Community Colleges, 352 PR 

CORRECTION 



NOR TH CA ROLINA REGIS TER 582 



CUMULA TIVE INDEX 



Division of Prisons, 472 FR 

CRIME CONTROL AND PUBLIC SAFETY 

Victim and Justice Services, 573 PR 

CULTURAL RESOURCES 

Archives and History, 370 PR, 455 PR 

Arts Council, 371 PR 

U.S.S. North Carolina Battleship Commission, 548 PR 

EDUCATION 

Elementary and Secondary Education, 253 PR, 295 PR, 511 PR 

FINAL DECISION LETTERS 

Voting Rights Act, 5, 193, 367, 523 

FINAL RULES 

List of Rules Codified, 183 FR, 274 FR, 303 FR, 445 FR, 515 FR 

GOVERNOR/LT. GOVERNOR 

Executive Orders, 1, 290, 312, 365, 478, 522 

HUMAN RESOURCES 

Departmental Rules, 372 PR 

Facility Services, 199 PR, 377 PR 

Governor's Waste Management Board, 552 PR 

Health Services, 153 PR, 315 PR, 405 PR 

Medical Assistance, 158 PR, 294 PR, 455 PR, 549 PR 

Mental Health: Mental Retardation and Substance Abuse Services, 17 PR, 417 PR 

Social Services, 550 PR 

Vocational Rehabilitation Services, 7 PR 

Water Treatment Facility Operators Board of Certification, 549 PR 

LNDEPENDENT AGENCIES 

Housing Finance Agency, 459 PR 

INSURANCE 

Agent Services Division, 561 PR 

Fire and Casualty Division, 202 PR, 479 PR 

JUSTICE 

Criminal Justice Education and Training Standards Commission, 569 PR 
Sheriff's Education and Training Standards Division, 491 PR 

LICENSING BOARDS 

Architecture, 349 PR 

CPA Examiners, 458 PR 

General Contractors, 512 PR 

Landscape Architects, 443 PR 

North Carolina Certification Board for Social Work, 179 PR 

Nursing, Board of, 296 PR 

Physical Therapy Examiners, 262 PR 

NATURAL RESOURCES AND COMMUNITY DEVELOPMENT 

Coastal Management, 239 PR, 508 PR, 574 PR 

Community Assistance, 134 PR 

Economic Opportunity, 178 PR 

Environmental Management, 18 PR, 160 PR, 202 PR, 238 PR, 295 PR, 347 PR, 431 PR, 456 PR 

Marine Fisheries, 47 PR, 457 PR 



583 NOR TH CAROLINA REGIS TER 



CUMULA TIVE INDEX 



Wildlife Resources and Water Safety, 134 PR, 178 PR, 207 PR, 252 PR, 574 PR 

REVENUE 

Sales and Use Tax, 353 FR 

STATE PERSONNEL 

State Personnel Commission, 181 PR, 210 PR, 265 PR, 461 PR 

STATEMENTS OF ORGANIZATION 

Statements of Organization, 524 SO 

TRANSPORTATION 

Division of Motor Vehicles, 140 FR 



NORTH CAROLINA REGISTER 584 



NOW AVAILABLE 



NORTH CAROLINA ADMINISTRATIVE CODE 

The full publication consists of 52 volumes, totaling in excess of 15,000 pages. It is supplemented monthly 
with replacement pages. A one year subscription to the full publication including supplements can be 
purchased for seven hundred and fifty dollars ($750.00). Individual volumes may also be purchased with 
supplement service. Renewal subscriptions for supplements to the initial publication available. 

PRICE LIST FOR THE SUBSCRIPTION YEAR 

Total 
Volume Title Chapter Subject Subscription* Quantity Price 

1 - 52 Full Code 



1 


1 


2 


2 


3 


2 


4 


3 


5 


4 


6 


4 


7 


5 


8 


5 


9 


6 




7 


10 


S 


11 


9 


12 


10 


13 


10 


14 


10 


15 


10 


16 


10 


17 


10 


IK 


1(1 


14 


10 


20 


10 


21 


10 


22 


10 


23 


10 


24 


10 


25 


10 


2^ 


10 


27 


10 


2X 


11 







New 


Chapter 


Subject 


Subscription 




All titles 


$750.00 


1 - 37 


Administration 


90.00 


1 -24 


Agriculture 


75.00 


25- 52 


Agriculture 


75.00 


1 - 4 


Auditor 


10.00 


1 - 2 


Commerce (includes ABC) 45.00 


3- 17 


Commerce 


90.00 


1 - 2 


Corrections 


60.00 


3 -4 


Corrections 


30.00 


1 -4 


Council of State 




1 - 11 


Cultural Resources 


60.00 


1 -9 


Elections 


10.00 


1 -4 


Governor 


45.00 


1 - 2 


Human Resources 


30.00 


3A - 3K 


Human Resources 


90.00 


3L- 3R 


Human Resources 






(includes CON) 


45.00 


3S- 3U 


Human Resources 


30.00 


4- 6 


Human Resources 


30.00 


7 


Human Resources 






(includes Breathalizer) 


30.00 


8-9 


Human Resources 


60.00 


10 


Human Resources 


90.00 


11 - 14 


Human Resources 


60.00 


15- 17 


Human Resources 


45.00 


18 


Human Resources 


75.00 


19- 30 


Human Resources 


90.00 


31 - 33 


Human Resources 


30.00 


34- 41 


Human Resources 


60.00 


42 


Human Resources 


45.00 


43- 50 


Human Resources 


90.00 


1 - 15 


Insurance 


90.00 



Continued 



Volume 


Tide 


Chapter 


Subject 


New Total 
Subscription* Quantity Price 


29 


12 
13 
13 
13 
14A 

15 
15 

15 
15 
15 
15 

16 

17 

17 

18 

19A 

20 

21 

21 

21 

22 

23 

24 

25 

26 


1 - 12 
1 - 6 
7 

8- 15 
1 - 11 

1 - 2 
3- 6 
7 

8- 9 
10 

11-22 
1 -6 
1 - 6 
7- 11 
1 - 7 
1 -6 
1 -9 
1 - 16 
17- 37 
38- 70 
1 - 2 
1 - 2 
1 - 2 
1 
1 -4 


Justice 

Labor 

OSHA 

Labor 

Crime Control and 

Public Safety 

NRCD (includes EMC) 

NRCD 

Coastal Management 

NRCD 

Wildlife 

NRCD 

Education 

Revenue 

Revenue 

Secretary of State 

Transportation 

Treasurer 

Licensing Boards 

Licensing Boards 

Licensing Boards 

Administrative Procedures 

Community Colleges 

Independent Agencies 

State Personnel 

Administrative Hearings 


90.00 




30 


30.00 




31 


45.00 




32 


45.00 




33 


45.00 




34 


90.00 




35 


45.00 




36 


45.00 




37 


30.00 




38 


45.00 




39 


60.00 




40 


30.00 




41 


75.00 




42 


60.00 




43 


30.00 




44 


90.00 




45 


45.00 




46 


75.00 




47 


75.00 




4S 


75.00 




49 


10.00 




50 


10.00 




51 


60.00 




52 


10.00 






Total 





(Make checks payable to Office of Administrative Hearings.) 

* This price includes the title in its current form plus supplementation for the subscription year. 
Subscription years are January I through December 31. 



MAIL TO: 



OFFICE OF ADMINISTRATIVE HEARINGS 

POST OFFICE DRAWER 11666 

RALEIGH, NORTH CAROLINA 27604 



W9LZ W!I 0JB D HWON 'M^I^H 

999U J3MBJQ O d 

sSuub^h aAijBjjsiuiuipv jo wijjo 



iaaH 

WV1S 

Dvnd 



FOLD HERE 



NORTH CAROLINA REGISTER 
ORDER FORM 



] Please enter my subscription for the North Carolina Register to start with the issue. 

($105.00)/year subscription) 

] Renew North Carolina Register 

] Check Enclosed □ Please bill me 

lease make checks payable to Office of Administrative Hearings 

IAME ADDRESS 

ITY STATE ZIP 

HONE 



Return to Office of Administrative Hearings - fold at line, staple at bottom and affix postage.) 



CHANGE OF ADDRESS: 



1. Present Address 



NAME 



ADDRESS 



CITY 



STATE 



ZIP 



2. New Address 



NAME 



ADDRESS 



CITY 



STATE 



ZIP 



Office of Administrative Hearings 

P. O. Drawer 11666 
Raleigh, North Carolina 27604 





















FIRST CLASS MAIL 



585 
UNIV. OF NORTH CAROLINA 
LAU LIBRARY 
n* HECKE-yETTACH 064-A 

CHAPEL HILL 



NC 27514